Legal Opinion

City of Janesville v. Janesville Water Co.

Wisconsin Supreme Court

Decided January 8, 1895PublishedCited by 12 opinions

The appeal in tbis case is from an order of tbe circuit court for Rock county: John R. Bennett, Circuit Judge. The appellant 'moves for an order suspending the order appealed from, appointing a receiver of the rents, issues, and profits of the defendant’s works, and of the hooks, papers, and documents, who was to have full and complete charge of said works and property, and staying all proceedings under such order during the pendency of the appeal.

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The appeal in tbis case is from an order of tbe circuit court for Rock county: John R. Bennett, Circuit Judge. The appellant 'moves for an order suspending the order appealed from, appointing a receiver of the rents, issues, and profits of the defendant’s works, and of the hooks, papers, and documents, who was to have full and complete charge of said works and property, and staying all proceedings under such order during the pendency of the appeal. The relief demanded in the action is that the franchise and privileges granted to the defendant by an ordinance of the city be Vacated and…

1Opinion of the CourtPiNNey, J.

It is neither necessary nor proper to enter at this time upon a consideration of the merits of the defendant’s appeal, further than to observe that it appears to have been taken and is prosecuted in good faith. It appears to present questions proper to be considered and decided by this court. We are not advised of the ground of the refusal of the circuit court to grant the stay sought by the defendant, on terms, further than that it is contended that to grant or refuse it was a matter entirely within the discretion of the court. This court has the inherent power, by virtue of its appellate…

2Cases cited3 opinions

  1. Northwestern Mutual Life Insurance v. Park Hotel Co.Wisconsin Supreme Court · 1875
  2. Hudson v. SmithWisconsin Supreme Court · 1859
  3. Levy v. GoldbergWisconsin Supreme Court · 1876

3Cited by12 opinions

  1. State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
  2. In Re EpleySupreme Court of Oklahoma · 1901
  3. State ex rel. St. Louis & Kirkwood Railroad v. HirzelSupreme Court of Missouri · 1897
  4. Home Fire Insurance v. DutcherNebraska Supreme Court · 1896
  5. Lund v. Idaho & Washington Northern RailroadWashington Supreme Court · 1908

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