Superior Water, Light & Power Co. v. City of Superior
| Decision Date | 11 April 1922 |
| Citation | 176 Wis. 626,187 N.W. 677 |
| Court | Wisconsin Supreme Court |
| Parties | SUPERIOR WATER, LIGHT & POWER CO. v. CITY OF SUPERIOR ET AL. |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Douglas County; G. N. Risjord, Judge.
Suit by the Superior Water, Light & Power Company against the City of Superior and others. From a judgment for defendants, plaintiff appeals. Affirmed.Grace, Fridley & Crawford, of Superior (H. L. Butler, of Madison, of counsel), for appellant.
T. L. McIntosh and R. M. Rieser, both of Superior, for respondents.
On October 8, 1918, the council of the city of Superior passed a resolution declaring the intention of the city to take over the property of the Superior Water, Light & Power Company in accordance with the Public Utility Law (St. 1921, §§ 1797m1-1797m109). Thereupon the company brought suit to enjoin the city from so doing. From an order overruling a demurrer to the complaint the city appealed to this court. The court reversed the order overruling the demurrer and remanded the case, with directions to sustain the demurrer. 181 N. W. 113. Plaintiff filed a motion for a rehearing, which was ordered on one of the questions involved. A reargument was had, and thereafter, on May 31, 1921, the court rendered a decision sustaining its previous mandate. 183 N. W. 254. Upon the remanding of the record, the circuit court entered an order sustaining the demurrer, with leave to amend the complaint within 20 days. The plaintiff not pleading over, final judgment was entered sustaining the demurrer and dismissing the complaint. The present appeal is from this judgment.
From an examination of the record it appears that the proceedings in the court below were regular and in accordance with the proper practice, and the judgment as entered should be affirmed.
Judgment affirmed.
CROWNHART, J., took no part.
To continue reading
Request your trial
- Superior Water, Light & Power Co. v. City of Superior
-
Evangelical Lutheran St. Paul's Congregation v. Hass
... ... state of Wisconsin, and is located in the city of Oconomowoc, Waukesha county, Wis.(2) That said ... other churches or congregations or any superior or governing body of any kind whatsoever.(4) That ... constitution of the plaintiff the governing power or body of the plaintiff is a majority of the ... ...