Boise Artesian Hot & Cold Water Co. v. Boise City
Supreme Court of the United States
APPEAL FEOM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IDAHO. The facts are stated in the opinion. An injunction should have been issued by the court below restraining the city from enforcing the ordinances, and from interfering with. plaintiff’s use, according to its franchises, of the streets and alleys. The bill made out a proper case for the interposition of a court of equity.
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APPEAL FEOM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF IDAHO. The facts are stated in the opinion. An injunction should have been issued by the court below restraining the city from enforcing the ordinances, and from interfering with. plaintiff’s use, according to its franchises, of the streets and alleys. The bill made out a proper case for the interposition of a court of equity. It shows that the city maintains and insists that the water company’s right to use the streets is a license only, which is subject to annulment and revocation at the will of the city, and that the…
1Opinion of the CourtJustice Moody
The appellant, a West Virginia corporation, brought in the Circuit Court of the United States for the District of Idaho, this bill in equity against Boise. City, a municipal corporation. There was a demurrer to the bill, which, upon consideration of the merits of the cáse set forth therein, was sustained by the judge of the Circuit Court and the bill dismissed. The company appealed directly to this court. The facts set forth in the bill and exhibits, and the relief and grounds of relief claimed, so far as necessary to develop the point decided, may conveniently be stated in narrative form.
The…
2Cases cited21 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Taylor v. SecorSupreme Court of the United States · 1876
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Dows v. City of ChicagoSupreme Court of the United States · 1871
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
16 more not listed; retrieve them via the Exa API.
3Cited by178 opinions
- Fair Assessment in Real Estate Assn., Inc. v. McNarySupreme Court of the United States · 1981
- California v. Grace Brethren ChurchSupreme Court of the United States · 1982
- Matthews v. RodgersSupreme Court of the United States · 1932
- Terrace v. ThompsonSupreme Court of the United States · 1923
- Beal v. Missouri Pacific R. Corp.Supreme Court of the United States · 1941
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