Legal Opinion

City Sanitation Co. v. City of Casper

Wyoming Supreme Court

Decided April 18, 1922No. 1086PublishedCited by 2 opinions

Error to the District Court, Natrona County, Cyrus 0. Brown, Judge. Action by tlie City Sanitation Company against the City of Casper to establish its exclusive right to remove garbage under a certain contract. From a judgment in favor of defendant, plaintiff brings error and moves for an injunction pending appeal. Injunction is a proper and only remedy and should be granted pendente lite pending appeal.

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Error to the District Court, Natrona County, Cyrus 0. Brown, Judge. Action by tlie City Sanitation Company against the City of Casper to establish its exclusive right to remove garbage under a certain contract. From a judgment in favor of defendant, plaintiff brings error and moves for an injunction pending appeal. Injunction is a proper and only remedy and should be granted pendente lite pending appeal. (Coxe v. Huntsville Co., 129 Ala. 496; Hicks v. Michael, 15 Cal. 107; Will v. Fire Commissioners, 46 La. Ann. 731; Harriman v. Sanitation Co., 132 Fed. 464; Newton v. Lebis, 79 Fed. 715; Tel.…

1Opinion of the Court

Blume, Justice.

Plaintiff in error, brought this action against the defendant in error claiming that it has the exclusive right to haul, collect and remove rubbish, garbage and other refuse in. and from the city of-Casper; that it-has fully complied with- all- the conditions by it required; that said city is *455about to, or threatens to enter, or has entered into a contract with others granting them the same privilege possessed by the plaintiff in error, and asking that the said city be restrained from entering into such contracts. The petition alleges.that the said city passed and adopted an…

2Cases cited22 opinions

  1. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
  2. Blair v. City of ChicagoSupreme Court of the United States · 1906
  3. Knoxville Water Co. v. KnoxvilleSupreme Court of the United States · 1906
  4. Crawford v. GilchristSupreme Court of Florida · 1912
  5. Piedmont Power & Light Co. v. Town of GrahamSupreme Court of the United States · 1920

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3Cited by2 opinions

  1. Church v. BlakesleyWyoming Supreme Court · 1929
  2. City Sanitation Co. v. City of CasperWyoming Supreme Court · 1924

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