State ex rel. Attorney General v. Steber
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Eond du Lac county: W J. TueNee, Judge. Quo warranto action to oust tbe defendant from further operating a certain toll-road franchise and to exclude him from tbe road.
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Appeal from a judgment of tbe circuit court for Eond du Lac county: W J. TueNee, Judge. Quo warranto action to oust tbe defendant from further operating a certain toll-road franchise and to exclude him from tbe road. Tbe facts, in brief, are these: In 1848 the territorial legislature of Wisconsin created a corporation under the name of Sheboygan and Eond du Lac Eoad Company, and conferred upon it a franchise for the construction and operation of a toll road between Sheboygan and Eond du Lac and to a point in the town of Taycheedah. The authorized road between Sheboygan and Eond du Lac and…
1Opinion of the CourtMarshall, J.
The appellant’s claim of title to the toll-road franchise and property was considered, to some extent, in State ex rel. Mengel v. Steber, 154 Wis. 505, 143 N. W. 156, where it was held that when such action was commenced, Steber was a lessee holding over and that the corporate franchise then existed. It was not necessary to decide whether he had any greater title than that of one holding over under the fifty-year lease, 'and the question as to such greater title was, therefore, left without any expression of opinion in respect thereto. Before this action was commenced the judgment, mentioned…
2Cases cited1 opinion
- State ex rel. Mengel v. SteberWisconsin Supreme Court · 1913
3Cited by1 opinion
- Oconto Chamber of Commerce v. GrandallWisconsin Supreme Court · 1921