Legal Opinion

Dodge v. City of Council Bluffs

Supreme Court of Iowa

Decided December 19, 1881PublishedCited by 18 opinions

Appeal from Pottawattamie District Court. Action for an injunction to restrain the defendants from enforcing and carrying out a certain ordinance providing for supplying the city of Council Bluffs with water.

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Appeal from Pottawattamie District Court. Action for an injunction to restrain the defendants from enforcing and carrying out a certain ordinance providing for supplying the city of Council Bluffs with water. The petition shows that the defendants, other than the city of Council Bluffs are members, officers, and agents of the American Construction Company, incorporated under the laws of New York for the purpose of supplying water for municipal and other purposes; that the company has no office or place of business m agency outside of the State of New York; that in January. 1881, the common…

1Opinion of the Court

Adams, Ch. J.

1. COBPOBAeigtffpowers of‘ It is not claimed that the defendant city lias no power to provide by ordinance for the construction of water-works. It would be conceded that it has the lower to do so, and even to provide for tlieir construction by a corporation. The claim is that it has no power to provide for their construction by a foreign corporation, and especially by a foreign corporation like the American Construction Company, which is not expressly authorized by the laws of the State in which it is incorporated to extend its operations outside of the State. In our opinion this…

2Cases cited6 opinions

  1. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  2. Thompson v. WatersMichigan Supreme Court · 1872
  3. Jerry v. StateIndiana Supreme Court · 1825
  4. Offutt v. ScottSupreme Court of Alabama · 1872
  5. Arms v. ConantSupreme Court of Vermont · 1864

1 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. Patton v. ChattanoogaTennessee Supreme Court · 1901
  3. Southern Illinois & Missouri Bridge Co. v. StoneSupreme Court of Missouri · 1903
  4. Creston Waterworks Co. v. City of CrestonSupreme Court of Iowa · 1897
  5. Levis v. City of NewtonU.S. Circuit Court for the Southern District of Iowa · 1896

13 more not listed; retrieve them via the Exa API.

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