CIVIL CASES PENDING IN LOWER COURTS In re Estate of Henry Wolf, alias Joachim H. Wolf, deceased. September 6, 1916, judgment of the Sauk county court was entered adjudging that said estate had escheated. March 18, 1918, said court ordered that the petition of Henry Mussle, Swiss consul, attorney in fact for Sophie von Howe et al., setting out that they are heirs of said deceased, be heard May 7, 1918. Hearing had that day and adjourned without date. St. Louis Button Co. v. Wisconsin Department of Agriculture. Action in Dane county superior court. Summons and complaint served June 3, 1918. Demurrer thereto served June 19, 1918. State ex rel. Standard Oil Co. v. Merlin Hull. This is an action of mandamus brought to compel the secretary of state to receive and file the annual report of the petitioner, as a foreign corporation. It involves the question of whether the statutory fees required to be paid by foreign corporations are determined with reference to their authorized capital stock or their issued capital stock. The case has been heard in the circuit court for Dane county, before Honorable E. Ray Stevens, judge, on a motion interposed by the defendant to quash the alternative writ. The matter is still under advisement. Standard Oil Co. v. Merlin Hull et al. This is an action for injunction restraining the secretary of state from entering the forfeiture of the plaintiff's license as a foreign corporation to do business in the state of Wisconsin and restraining the defendant attorney general from instituting any proceedings to enforce penalties or forfeitures. By agreement of counsel this case is being held in abeyance until the determination of the companion case of State ex rel. Standard Oil Co. v. Merlin Hull. State of Wisconsin v. Emil Giljohann and R. E. Giljohann and C. K. Kalvenlage. An action pending in the circuit court of Dane county, to recover fees alleged to have been collected and retained by Emil Giljohann, as insurance commissioner, belonging to the state of Wisconsin, the defendants, R. E. Giljohann and C. K. Kalvenlage being sureties on his official bond. The defendant denies having retained fees belonging to the state. State of Wisconsin v. Zeno M. Host and Aetna Indemnity Co. An action pending in the circuit court for Dane county, in which it is sought to recover fees alleged to have been collected by Zeno M. Host during his term as insurance commissioner, which fees were not turned into the state treasury. Answer denies the allegations of the complaint. State of Wisconsin v. William A. Fricke, Charles F. Pfister, and Rudolph Giljohann. Action pending in circuit court for Dane county, to recover fees alleged to belong to the state and collected by William F. Fricke while insurance commissioner of the state of Wisconsin, Charles F. Pfister, and Rudolph Giljohann being sureties on his bond. Defendant denies having retained fees belonging to the state. State ex rel. Maude Gallet v. C. P. Cary, Superintendent of Public Instruction of the State of Wisconsin. A writ of certiorari was issued by the circuit court of Calumet county directed to the state superintendent, questioning the order denying the application of Maude Gallet, a teacher in School District No. 3 of the town of Charlestown, in Calumet county, for additional state aid, as provided in sec. 40.14, Stats. The case was argued in March, 1917, and afterwards briefs were submitted by both sides. No decision has as yet been rendered. State of Wisconsin v. City of Milwaukee. This is an action in the circuit court of Milwaukee county to recover from the city of Milwaukee the interest on the fines collected in the municipal and district courts of said city for and on account of violation of the penal laws of Wisconsin, for the years 1910, 1911, 1912, 1913, 1914, and 1915. The fines collected during the said time amounted to $72,473. This amount was paid into the state treasury, but the city of Milwaukee refused to pay interest on the same from the time the fines were payable to the state in each year, the interest amounting at the time of the commencement of the suit to $15,711.35. Issue not yet joined. Case is pending. August Anderson v. State of Wisconsin. Action commenced in circuit court for Shawano county for the recovery of the cost of timber, logs, etc., seized by the officers of the state, on the ground that they were cut on government land. Plaintiff alleges that he is the owner of the land. The title to the land is in question. O. A. Lukken v. O. H. Eliason and W. R. Claussen. Action brought in Dane county circuit court to recover large damages claimed on account of the unlawful killing by the defendants of six pedigreed Holstein cows, the property of the plaintiff. The defendants were state veterinarian and assistant state veterinarian and claimed to be acting as such under the state statutes for the control and eradication of bovine tuberculosis. The action is regarded as very important. It involves the validity of the state statutes for the control and eradication of contagious diseases among domestic animals and the dependability of the tuberculin test for determining the presence of tuberculosis in cattle. The action was tried before the court without a jury, Judge Stevens presiding, on June 24-29, 1918, and taken under advisement. ( Estate of Charles B. McCanna: State and Racine County v. C. R. McCanna, Administrator. The state and Racine county appealed to the circuit court for Racine county from the order of the county court determining the inheritance taxes due upon the transfer of the said estate. It is intended to make the same a test case to obtain a construction of sec. 1087-1, subd. (3), Stats. relating to transfers "made in contemplation of death." State ex rel. Town of South Range and P. O. Peterson v. Tax Commission. Certiorari in circuit court for Dane county to set aside the decision of the tax commission ordering a reassessment of said town. Motion made by defendant to supersede writ. Motion argued and taken under advisement. State ex rel. Cantwell Printing Co. v. Merlin Hull, Secretary of State. This is an action of mandamus brought by Cantwell Printing Company against the secretary of state to compel him to audit its alleged claim of $4,526.63 for doing work, labor and services under its printing contract with the state. The action is pending in the circuit court for Dane county. M. A. Robinson v. Board of Trustees of Teachers Insurance and Retirement Fund. This is an action of mandamus pending in the circuit court for Dane county to compel the defendant to audit and allow his claim for an annuity under the provisions of secs. 42.01 to 42.18. The state demurred to the complant. The argument of the demurrer has not been had. The Milwaukee Electric Railway & Light Co. v. Railroad Commission and Milwaukee Light, Heat & Traction Co. v. Railroad Commission. Actions brought in circuit court for Dane county to review orders of the railroad commission in the so-called Uniform Fare cases, fixing street and interurban railway fares in the city of Milwaukee and territory adjacent thereto. Cases are pending awaiting results of a reinvestigation of the subject matter of the order in suit by the railroad commission. Falls Light & Power Company v. Railroad Commission. Action brought in the circuit court for Dane county to review an order of the railroad commission determining the compensation to be paid by the city of Sheboygan Falls for electric utility property taken by the municipality under the Public Utilities Law. Wisconsin Gas & Electric Company v. Railroad Commission. Action was brought in circuit court for Dane county to review an order of the railroad commission providing for grade separations in the city of Kenosha. Stipulation entered extending time to answer. State of Wisconsin v. Chicago & Wisconsin Valley Railway Company. Action commenced in the circuit court for Dane county by the plaintiff to recover unpaid taxes from the defendant. Defendant is in default, but no judgment has yet been entered, as defendant has given assurances that the taxes will be paid with interest. Chicago, St. Paul, Minneapolis & Omaha R. R. Co. et al. v. Railroad Commission of Wisconsin. This is an action to challenge and review an order of the railroad commission of Wisconsin, directing the physical connection of the roads of the plaintiffs at a point where they intersect. The complaint is based on the theory that there is no power to require physical connection where the roads do not intersect at grade. The plaintiffs have demurred to the answer of the railroad commission, and the demurrer has not yet been argued. Herzfeld-Phillipson Co. v. George J. Weigle. This is an action brought by the plaintiff, popularly known as The Boston Store of Milwaukee, to enjoin the defendant from interfering with the use by the plaintiff of the so-called Sperry Hutchinson trading stamps. This case is at issue on complaint and answer, and a temporary restraining order has been entered therein without contest. The case has awaited the determination of the supreme court in the case of State ex rel. Downey-Farrell Company v. Weigle. That case having been determined adversely to the plaintiff, further steps will be taken in this case, as soon as the motion for rehearing in the DowneyFarrell case has been passed upon by the supreme court. The Sperry-Hutchinson Co. v. George J. Weigle This is a companion case to the Herzfeld-Phillipson Company action above noted. After that case was begun, the dairy and food commissioner, on advice of this office, announced that it would prosecute users of Sperry-Hutchinson stamps in this state. Thereupon, this action was commenced to enjoin any such prosecutions or interference. This case is in exactly the same situation at the present time as the Herzfeld-Phillipson case. State of Wisconsin v. The Pullman Co. This is an action brought to collect from the defendant an unpaid balance remaining due on the tax levied by the state against the defendant for 1913. The case involves difficult investigation of the facts relative to the activities of the defendant, and a compilation of voluminous data. It has been partially prepared for trial. In the following case, the order of the industrial commission granting an award of compensation was confirmed both in the circuit court and in the supreme court. A motion was made in the supreme court to grant a rehearing and the matter is still pending. Newport Hydro-Carbon Co. v. Industrial Commission and Nettie Kohn. In the following cases the awards of the commission were confirmed in the circuit court for Dane county and appeals taken to the supreme court which are still pending. Workmen's Compensation Mutual Liability Ins. Co. v. Industrial Commission, Nichols, and Wirth. Bekkedal Lumber Co. v. Industrial Commission and Perry. Ellingson Lumber Company and Employers Mutual Liability Ins. Co. v. Beaulieu and Industrial Commission. Waldum v. Lake Superior Terminal Transfer & Railway Co. and Industrial Commission. City of Milwaukee v. Waldemar Peterson and Industrial Commission. Frontier Mining Co. and Workmen's Compensation Mutual Liability Insurance Co. v. Industrial Commission, William Hynes and Julia Hynes. Rust-Owen Lumber Co. and Wisconsin Employers Exchange v. Industrial Commission and Carl Olson. In the following case the award of the commission was reversed in the circuit court for Dane county and an appeal taken to the supreme court, which is still pending. Edward Steigerwald and General Accident Fire & Life Assn. Corporation v. Industrial Commission and Nelson. In the following case the awards of the commission have been confirmed by the circuit court for Dane county but the time for appealing to the supreme court has not yet expired. F. Eggers Veneer Seating Co. and Wisconsin Employers Exchange v. Industrial Commission and Lesperance. In the following cases actions have been begun in the circuit court for Dane county to review the orders of the industrial commission, which actions are still pending. Holt Lumber Company and Wisconsin Employers Exchange v. Industrial Commission and Bebeau. Gaulke and Workmen's Compensation Mutual Liability Ins. Co. v. Industrial Commission and Zimmerman. J. I. Case Threshing Machine Co. and General Accident Fire & Life Assurance Corporation v. Gundlach and Industrial Commission. Frint Motor Car Co. v. Industrial Commission and Healey. Meade v. Wisconsin Motor Manufacturing Co., Employers Mutual Liability Ins. Co. and Industrial Commisson. Superior Box Co. v. Baker and Industrial Commission. A. F. Wagner Architectural Iron Works v. Guenther and Industrial Commission. A. H. Stange Co. v. Industrial Commission and Fredericks. Andell v. Industrial Commission and the Consumers Co. Liability Ins. Co. v. Meldenberger and Industrial Commission. sion. |