Connell v. Kaukauna Gas, Elec. Light & Power Co.

Decision Date16 January 1917
Citation160 N.W. 1035,164 Wis. 471
PartiesCONNELL v. KAUKAUNA GAS, ELECTRIC LIGHT & POWER CO. ET AL.
CourtWisconsin Supreme Court
OPINION TEXT STARTS HERE

On motion for rehearing. Motion denied.

For former opinion, see 159 N. W. 927.

*1035ROSENBERRY, J.

It is suggested that the third provision of the mandate, when taken in connection with the statements made in the body of the opinion, is ambiguous. It was not intended to adjudicate that the Pereles brothers or the trust company had authority from any particular bondholder to receive his share of the award, but only to state that the proofs in the record indicate that the Pereles brothers or the trust company as to some of the bondholders may have had such authority and as to others it did not have such authority, leaving the entire question open for determination by the trial court in accordance with the opinion of this court.

Motion for rehearing denied, with $25 costs.

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12 cases
  • Whalen v. Vallier
    • United States
    • Idaho Supreme Court
    • April 28, 1928
    ... ... have authority to transact his business has power ... to accept such payment. ( Verdine v. Olney, ... ( Connell v ... Kaukauna Gas Co., 164 Wis. 471, Ann ... light the letter must be construed. The only business ... ...
  • R. W. Owen, J. G. Owen, Frank G. Owen, A. R. Owen, Rust-Owen Lumber Company
    • United States
    • Missouri Supreme Court
    • June 16, 1924
    ...Co., 201 F. 854; Cooley v. Kelley, 96 N. E. (Ind.) 838; Kerrison v. Steward, 93 U.S. 155; Miller v. Butler, 121 Ga. 758; Connell v. Kaukauna, 164 Wis. 471. (h) fact that he, as trustee, and the corporation were not adversary parties of record in the quo warranto action, does not prevent his......
  • Maxey v. Redevelopment Authority of Racine
    • United States
    • Wisconsin Supreme Court
    • March 4, 1980
    ... ... , and the City of Racine had exercised their power of condemnation. It is from this order of ... 9, 13 N.W.2d 541 (1944); Wisconsin Power & Light Co. v. Public Service Comm., 231 Wis. 390, 284 ... Connell v. City of Kaukauna, 164 Wis. 471, 159 N.W. 927, ... ...
  • Waukesha Gas & Elec. Co. v. R.R. Comm'n of Wis.
    • United States
    • Wisconsin Supreme Court
    • July 25, 1923
    ... ... The power to establish rates is primarily and exclusively a function of the ... whether or not the rate when established will be valid in the light of the constitutional provision, and it is only one of the innumerable ... Section 1797m--82. Connell v. Kaukauna, 164 Wis. 471, 159 N. W. 927, 160 N. W. 1035, Ann. Cas. 1918A, ... ...
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