State ex rel. Mengel v. Steber
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eond du Lac county: Chestee A. Eowlee, Circuit Judge. Quo warranto action to test the validity of defendant’s claim of right to exercise the franchises and privileges conferred upon the Sheboygan & Fond du Lac Planhroad Company in 1848. Plaintiff charged that defendant was exercising corporate privileges and franchises not granted to him by any law of" this state, or assigned to him or under his control, by demanding and…
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Appeal from an order of the circuit court for Eond du Lac county: Chestee A. Eowlee, Circuit Judge. Quo warranto action to test the validity of defendant’s claim of right to exercise the franchises and privileges conferred upon the Sheboygan & Fond du Lac Planhroad Company in 1848. Plaintiff charged that defendant was exercising corporate privileges and franchises not granted to him by any law of" this state, or assigned to him or under his control, by demanding and collecting toll from the complainant and the public generally as a condition of enjoying a certain public highway extending from…
1Opinion of the CourtMaeshall, J.
It must be conceded that, whether the Plankroad Company possessed power to make the lease to Van Curen, it was competent for the legislature to have given it such power, originally, or to confer it by ratification, as wa<s done by the act of 1874. Therefore, be and all who took title through or under him, for the full term of fifty years, succeeded to all authority to maintain and operate the toll road which the original grantee possessed. The validating act is very specific. Note the language:
“And the said lessee, his heirs, representatives and assigns shall have and enjoy all the rights,…
2Cases cited3 opinions
- State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
- State ex rel. Atkinson v. McDonaldWisconsin Supreme Court · 1900
- Attorney General v. FooteWisconsin Supreme Court · 1860
3Cited by3 opinions
- Walters v. Sentinel Co.Wisconsin Supreme Court · 1918
- Klauser v. ReevesWisconsin Supreme Court · 1937
- State ex rel. Attorney General v. SteberWisconsin Supreme Court · 1915