Legal Opinion

Montgomery Gas-Light Co. v. City Council of Montgomery

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 15 opinions

Appeal from the City Court of Montgomery in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 28th December, 1885, by the Montgomery Gas-Light Company, a private corporation, against the corporate authorities of the city of Montgomery; and prayed an injunction, restraining the defendants “from entering into any contract, or passing any •ordinance, granting to any person or corporation the right to lay pipes for conducting gas under any…

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Appeal from the City Court of Montgomery in equity. Heard before the Hon. Thos. M. Arrington. The bill in this case was filed on the 28th December, 1885, by the Montgomery Gas-Light Company, a private corporation, against the corporate authorities of the city of Montgomery; and prayed an injunction, restraining the defendants “from entering into any contract, or passing any •ordinance, granting to any person or corporation the right to lay pipes for conducting gas under any street, alley or thoroughfare within the corporate limits of said city, before the 1st day of November, A. D. 1902,” in…

1Opinion of the CourtMcCLELLAN, J.

This bill was filed by the Montgomery Gas-Light Company, against the City .Council of Montgomery, to enjoin the city authorities from “entering into any contract, or passing any ordinance granting to any person or corporation the right to lay pipes for conducting gas *248■under any street, alley or thoroughfare within the corporate limits of said city, before the first day of November in the year 1902.” The facts upon which this relief is sought may be epitomized as follows:

On the 30th day of August, 1852, the City Council of Montgomery passed an ordinance “to provide for the lighting of the city…

2Cases cited9 opinions

  1. Hunt v. WymanMassachusetts Supreme Judicial Court · 1868
  2. Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
  3. Des Moines Gas Co. v. City of Des MoinesSupreme Court of Iowa · 1876
  4. City of Chicago v. EvansIllinois Supreme Court · 1860
  5. Martin v. Black's ExecutorsSupreme Court of Alabama · 1852

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3Cited by15 opinions

  1. Castle Creek Water Co. v. City of AspenCourt of Appeals for the Eighth Circuit · 1906
  2. Camden Sewer Co. v. Mayor of SalisburyCourt of Appeals of Maryland · 1932
  3. Poppleton v. MooresNebraska Supreme Court · 1901
  4. Keyes v. HurlbertCalifornia Court of Appeal · 1941
  5. City of Anniston v. Alabama Water Co.Supreme Court of Alabama · 1922

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