State ex rel. Marinette, Tomahawk & Western Railway Co. v. Common Council of Tomahawk
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Lincoln county: Chas. Y. Baedeen, Circuit Judge. This was a proceeding to obtain a peremptory writ of mandamus to compel the common council of the city of Tomahawk to cause subscription to be made, on behalf of ■said city, on the books of the said railway company, for ■shares of the capital stock thereof, equal to $9,000, and to pass and enact an ordinance or resolution directing and requiring the mayor and city clerk to sign,…
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Appeal from a judgment of the circuit court for Lincoln county: Chas. Y. Baedeen, Circuit Judge. This was a proceeding to obtain a peremptory writ of mandamus to compel the common council of the city of Tomahawk to cause subscription to be made, on behalf of ■said city, on the books of the said railway company, for ■shares of the capital stock thereof, equal to $9,000, and to pass and enact an ordinance or resolution directing and requiring the mayor and city clerk to sign, seal, and issue on behalf of said city, and deposit in escrow with J. W. Ladd, cashier, etc., as trustee, municipal…
1Opinion of the CourtPiNNet, J.
1. The validity of subscriptions to the stock of railroad companies, and the issue of bonds in payment therefor, by towns, cities, and counties, when authorized by law, has in this state long been settled [Phillips v. Albany, 28 Wis. 357), and that it is not necessary that the question of subscribing for stock and issuing such bonds be submitted to a vote of the qualified electors of the town, city, or county. The legislature may confer directly the necessary authority,for such purposes, on the proper town, city, or county authorities to represent and act for the municipal corporation or…
2Cases cited38 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Red Rock v. HenrySupreme Court of the United States · 1883
- King v. CornellSupreme Court of the United States · 1882
- Frost v. WenieSupreme Court of the United States · 1895
- Mercer County v. HacketSupreme Court of the United States · 1864
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3Cited by27 opinions
- Milwaukee County v. HalseyWisconsin Supreme Court · 1912
- Stedman v. City of BerlinWisconsin Supreme Court · 1897
- Campbell v. City of IndianapolisIndiana Supreme Court · 1900
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1911
- Balch v. BeachWisconsin Supreme Court · 1903
22 more not listed; retrieve them via the Exa API.