Wisconsin Electric Power Co. v. City of Milwaukee
This text of 56 N.W.2d 784 (Wisconsin Electric Power Co. v. City of Milwaukee) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Mr. Justice Fairchild having taken no part in the decision upon this appeal, and the other members of the' court being equally divided on the question whether the order sustaining the demurrer should be affirmed or reversed, Mr. Chief Justice Fritz, Mr. Justice Brown, and Mr. Justice Currie being of the opinion that the order should be reversed upon the ground that under the rule of Mullane v. Central Hanover B. & T. Co. 339 U. S. 306, 70 Sup. Ct. 652, 94 L. Ed. 865, the notices of hearing given by publication only as required by the provisions of the charter of the city of Milwaukee were inadequate to comply with the requirements of due process, and Mr. Justice Martin, Mr. Justice Broadfoot, and Mr. Justice Gehl being of the opposite view and that the order should be affirmed, the order is affirmed under the rule.
Order affirmed.
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Cite This Page — Counsel Stack
56 N.W.2d 784, 263 Wis. 111, 1953 Wisc. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wisconsin-electric-power-co-v-city-of-milwaukee-wis-1953.