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KLUMP v. CYBULSKI

274 Wis. 604 (1957)

KLUMP and wife, Plaintiffs and Appellants, vs. CYBULSKI and others, Commissioners, Defendants: WISCONSIN ELECTRIC POWER COMPANY, Defendant and Respondent. [Case No. 156.] SAME, Plaintiffs and Respondents, vs. SAME, Defendants: SAME, Impleaded Defendant and Appellant. [Case No. 188.]

Supreme Court of Wisconsin.

February 5, 1957.

Attorney(s) appearing for the Case

For the plaintiffs there was a brief and oral argument by Clarence J. Bullock and Benjamin S. True, both of Milwaukee.

For the defendant Wisconsin Electric Power Company there was a brief by Shaw, Muskat & Paulsen, and oral argument by John G. Quale, all of Milwaukee.

WINGERT, J.

1. The judgment appealed from might well be sustained on the sole ground that plaintiffs failed to show that they were without an adequate remedy at law and would suffer irreparable injury were the commissioners to proceed to appraise the property and make an award of compensation. It is elementary that one who invokes the aid of equity must ordinarily make such a showing. There is nothing in the present case to take it out of that general principle. The...

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