Legal Opinion

Montgomery Light & Power Co. v. Montgomery Traction Co.

U.S. Circuit Court for the District of Middle Alabama

Decided October 16, 1911No. 303PublishedCited by 9 opinions

In Equity. Suit by the Montgomery Light & Power Company against the Montgomery Traction Company. On demurrer to bill. The substance of the contract here involved and the allegations of the bill in reference to it are sufficiently stated in the opinion.

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In Equity. Suit by the Montgomery Light & Power Company against the Montgomery Traction Company. On demurrer to bill. The substance of the contract here involved and the allegations of the bill in reference to it are sufficiently stated in the opinion. On the filing of the bill a restraining order was issued prohibiting the defendant “from receiving, accepting, or using direct electrical current from any person, firm, or córporation other than the complainant until the further order of the court,” and requiring defendant on a day named to appear and show cause why a preliminary injunction…

1Opinion of the CourtJones, District Judge

(after stating the facts as above). The demurrer, of course, admits the truth of all the facts well pleaded in the bill. We have then this case: The complainant, a quasi public corporation, engaged in the business of generating and supplying electrical current for lighting and power purposes to individuals and the public herd', has a contract with the Traction Company, another quasi public corporation, engaged in the street car business, whereby the Power Company agrees, in substance, .to sell and deliver for a certain price, and the Traction Company agrees to purchase and receive from it…

2Cases cited10 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Joy v. St. LouisSupreme Court of the United States · 1891
  3. In Re LennonSupreme Court of the United States · 1897
  4. Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
  5. Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887

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

3Cited by9 opinions

  1. Montgomery Traction Co. v. Montgomery Light & Water Power Co.Court of Appeals for the Fifth Circuit · 1916
  2. Southern Iron & Equipment Co. v. VaughanSupreme Court of Alabama · 1918
  3. Black Diamond Coal Mining Co. v. Jones Coal Co.Supreme Court of Alabama · 1917
  4. Gibbs v. WallaceSupreme Court of Colorado · 1914
  5. Montgomery Light & Water Power Co. v. Montgomery Traction Co.District Court, M.D. Alabama · 1914

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

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