Legal Opinion

State ex rel. Standard Oil Co. v. Hull

Wisconsin Supreme Court

Decided December 3, 1918PublishedCited by 4 opinions

Appeal -from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The petition for the writ of mandamus herein recites that the relator and appellant is a foreign corporation organized by the laws of the state of Indiana; that its charter fixes its capital stock at $100,000,000, and that $30,000,000 thereof and no' more has been paid for and issued; that for many years prior hereto it has been transacting business as such foreign corporation in the…

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Appeal -from an order of the circuit court for Dane county: E. Ray Stevens, Circuit Judge. The petition for the writ of mandamus herein recites that the relator and appellant is a foreign corporation organized by the laws of the state of Indiana; that its charter fixes its capital stock at $100,000,000, and that $30,000,000 thereof and no' more has been paid for and issued; that for many years prior hereto it has been transacting business as such foreign corporation in the state of Wisconsin and has been licensed by this state so to do ; that it has for a number of years past filed an annual…

1Opinion of the CourtEschweiler, J.

Although this purports to be an appeal from an order quashing an alternative writ and not from a judgment, nevertheless, the motion to quash being in substance and form a demurrer raising the question of sufficiency of the facts alleged in the petition and alternative writ, it is properly here before us on appeal for the reasons stated in the case of State ex rel. South Range v. Tax Comm., ante, p. 253, 169 N. W. 555.

The only question involved on this appeal is as to the definition that shall be adopted and enforced of the words “capital stock” used in sub. 7 (e), sec. 1770&, Stats., in…

2Cases cited4 opinions

  1. International Paper Co. v. Commonwealth of MassachusettsSupreme Court of the United States · 1918
  2. U.S. Radiator Co. v. . State of New YorkNew York Court of Appeals · 1913
  3. State ex rel. Town of South Range v. Tax CommissionWisconsin Supreme Court · 1918
  4. Thronson v. Universal Manufacturing Co.Wisconsin Supreme Court · 1916

3Cited by4 opinions

  1. State ex rel. Town of South Range v. Tax CommissionWisconsin Supreme Court · 1918
  2. Mitchell National Bank v. JonesSouth Dakota Supreme Court · 1927
  3. Warren v. SlaybaughNorth Dakota Supreme Court · 1929
  4. State Ex Rel. American Bakeries Co. v. CrawfordSupreme Court of Florida · 1925

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