Wisconsin Electric Power Co. v. City of Milwaukee

Mr. Justice Fairchild having taken no part in the decision upon this appeal, and the other members of the' court being equally divided on the question whether the order sustaining the demurrer should be affirmed or reversed, Mr. Chief Justice Fritz, Mr. Justice Brown, and Mr. Justice Currie being of the opinion that the order should be reversed upon the ground that under the rule of Mullane v. Central Hanover B. & T. Co. 339 U. S. 306, 70 Sup. Ct. 652, 94 L. Ed. 865, the notices of hearing given by publication only as required by the provisions of the charter of the city of Milwaukee were…