Legal Opinion

Wisconsin Telephone Co. v. City of Milwaukee

Wisconsin Supreme Court

Decided October 24, 1905PublishedCited by 24 opinions

Appeal from an order of the circuit court for Milwaukee county: LawRence W. Halsey, Circuit Judge. The appeal is from an order overruling plaintiffs demurrer to defendant’s answer.

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Appeal from an order of the circuit court for Milwaukee county: LawRence W. Halsey, Circuit Judge. The appeal is from an order overruling plaintiffs demurrer to defendant’s answer. The complaint alleges, in effect, the incorporation of defendant as a municipal corporation, the organization of plaintiff in 1882 under the statutes of Wisconsin then in force and the acts amendatory thereof, being re-enacted into sec. 1771, Stats. 1898, and that said plaintiff was so organized for the purpose of conducting a telephone business and maintaining telephone lines and exchanges, and in order to furnish…

1Opinion of the Court

- Kebwijv, J".

The questions presented here upon the facts admitted by the demurrer are thus stated by respondent:

“Pirst. Has the city authority to exact a license such as is provided for in the ordinance, the enforcement of which the appellant seeks to enjoin?
“Second. Does the ordinance in question contravene the fourteenth amendment of the federal constitution and similar provisions of the Wisconsin state constitution V’

The first proposition stated by counsel practically embraces the controversy before us, and we shall proceed to consider the right of the defendant city to exact the license…

2Cases cited19 opinions

  1. People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
  2. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  3. Mayor of New York v. Second Avenue RailroadNew York Court of Appeals · 1865
  4. Chilvers v. PeopleMichigan Supreme Court · 1862
  5. Wisconsin Telephone Co. v. City of OshkoshWisconsin Supreme Court · 1884

14 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Nunnemacher v. StateWisconsin Supreme Court · 1906
  2. City of Manitowoc v. Manitowoc & Northern Traction Co.Wisconsin Supreme Court · 1911
  3. City of La Crosse v. La Crosse Gas & Electric Co.Wisconsin Supreme Court · 1911
  4. Wadhams Oil Co. v. Tracy, State Supervisor of Inspectors of Illuminating OilsWisconsin Supreme Court · 1909
  5. State v. OsborneSupreme Court of Iowa · 1915

19 more not listed; retrieve them via the Exa API.

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