Legal Opinion

Thomson v. Public Service Commission

Wisconsin Supreme Court

Decided October 10, 1940PublishedCited by 5 opinions

1Opinion of the CourtRosenberry, C. J.

In view of the fact that by the prayer of the complaint and by the judgment granted upon plaintiff’s motion, the order of the commission was set aside, this must be deemed to be an action pursuant to the provisions of sec. 196.41, Stats. While it was pointed out in Wisconsin Hydro Electric Co. v. Public Service Comm. (1940) 234 Wis. 627, 291 N. W. 784, this procedure is denominated an action, it is one of limited and restricted scope and not an ordinary court proceeding by which one party prosecutes another for the enforcement or protection of a right, or the redress or prevention of a wrong.…

2Cases cited4 opinions

  1. In re Voluntary Assignment of TarnowskiWisconsin Supreme Court · 1926
  2. State ex rel. Bluemound Amusement Park, Inc. v. MayorWisconsin Supreme Court · 1932
  3. Wisconsin Hydro Electric Co. v. Public Service CommissionWisconsin Supreme Court · 1940
  4. Gagnon v. Department of Agriculture & MarketsWisconsin Supreme Court · 1939

3Cited by5 opinions

  1. State v. WERCWisconsin Supreme Court · 1974
  2. Goldring v. KlineNevada Supreme Court · 1955
  3. State v. Wisconsin Employment Relations CommissionWisconsin Supreme Court · 1974
  4. State Ex Rel. Brunkhorst v. KrennWisconsin Supreme Court · 1959
  5. State v. KeehnWisconsin Supreme Court · 1976

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