Milwaukee Mutual Fire Insurance v. Sentinel Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The defendant corporation is the publisher of the Mil-waulcee Sentinel, and in the issue thereof of December 21, 1890,' it published an article of and concerning the plaintiff corporation, which the latter charges is libelous. Thereupon the plaintiff commenced this action in the circuit court on January 3,1891, by the service of a summons on the defendant.
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APPEAL from the Circuit Court for Milwaukee County. The defendant corporation is the publisher of the Mil-waulcee Sentinel, and in the issue thereof of December 21, 1890,' it published an article of and concerning the plaintiff corporation, which the latter charges is libelous. Thereupon the plaintiff commenced this action in the circuit court on January 3,1891, by the service of a summons on the defendant. On February 2, 1891, the complaint therein was also served on the defendant. It charges that the defendant falsely, wickedly, and maliciously did compose and publish said article, to the…
1Opinion of the CourtLyoN, C. J.
I. No doubt the prosecution of this action is “the exercise of a corporate right, privilege, or franchise,” and hence comes within the prohibition of the injunction, which in terms enjoins the plaintiff from exercising the same. The plaintiff being a corporation authorized by law to make insurance, and having become insolvent, the court was authorized by statute thus to enjoin it. R. S. sec. 3218. A rule of public policy may be deduced from the above statute, which is that an insolvent corporation of either of the classes mentioned in the statute may be restrained by an injunction from…
2Cases cited3 opinions
- McArthur v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1874
- Hudson v. PletsNew York Court of Chancery · 1844
- Noonan v. OrtonWisconsin Supreme Court · 1874
3Cited by5 opinions
- Lindemann v. RuskWisconsin Supreme Court · 1905
- Kranz v. Wisconsin Trust Co.Wisconsin Supreme Court · 1913
- Jones v. MatsonWashington Supreme Court · 1940
- Carter, Carter & Meigs Co. v. Stewart Drug Co.Supreme Judicial Court of Maine · 1916
- United States Fidelity & Guaranty Co. v. VicarsCourt of Appeals for the Ninth Circuit · 1926