State ex rel. Attorney General v. Northern Pacific Railway Co.
Wisconsin Supreme Court
MaNdamus action to compel the Northern Pacific Railway Company to file with, tbe secretary of state duly authenticated papers showing an increase of its capital stock made Inly 1, 1896, from $5,000,000 to $155,000,000, and a second such increase, made the 7th day of January, 1907, from $155,000,000 to $250,000,000. The state, in dne form by its Attorney General, presented to the court a complaint in an action to secure a judicial forfeiture of the company’s charter for…
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MaNdamus action to compel the Northern Pacific Railway Company to file with, tbe secretary of state duly authenticated papers showing an increase of its capital stock made Inly 1, 1896, from $5,000,000 to $155,000,000, and a second such increase, made the 7th day of January, 1907, from $155,000,000 to $250,000,000. The state, in dne form by its Attorney General, presented to the court a complaint in an action to secure a judicial forfeiture of the company’s charter for breach of an alleged statutory duty to comply with the law as to doing that which this action is designed to compel it to do.…
1Opinion of the CourtMarshall, J.
I
The application for leave to commence an action in this court to annul defendant’s corporate franchise, presented this proposition: Assuming that the remedy sought is appropriate under any circumstances which might be disclosed consistent with admitted facts, and that the statute as to changing the fundamentals of a railroad corporation, denominated an amendment in sec. 1820, R. S. 1878, applied to defendant when the occurrence happened which was intended to work an increase in the amount of its capital stock, — first to $155,000,000 and second to $250,000,000, and it, nevertheless, did not…
2Cases cited13 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Umbreit v. HelmsWisconsin Supreme Court · 1908
- State ex rel. Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Railroad CommissionWisconsin Supreme Court · 1908
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3Cited by10 opinions
- State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915
- Casper v. Kalt-Zimmers Manufacturing Co.Wisconsin Supreme Court · 1915
- Aetna Ins. v. RobertsonMississippi Supreme Court · 1922
- State v. City of MilwaukeeWisconsin Supreme Court · 1914
- Union Bank of Milwaukee v. Commercial Securities Co.Wisconsin Supreme Court · 1916
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