Legal Opinion

Consolidated Water Co. v. City of San Diego

U.S. Circuit Court for the District of Southern California

Decided August 15, 1898PublishedCited by 6 opinions

This is a suit in equity by the Consolidated Water Company, as a holder of the bonds of the San Diego Water Company, against the city of San Diego and others, to have declared unconstitutional and void an ordinance of the defendant city fixing the rates to be charged by the San Diego Water Company. Heard on demurrer to the bill.

1Opinion of the Court

ROSS, Circuit Judge.

The complainant, a corporation of West Virginia, brings this suit as the owner and holder of certain bonds issued by the San Diego Water Company, and secured by a mortgage executed by that company upon the water and water plant with and by which it supplies the city of San Diego and its inhabitants with water for domestic and other purposes. The bill alleges that the property thus mortgaged is the only property owned by the mortgagor out of which the bonds, together with the 5 per cent, interest that they bear, can be paid. Its revenue comes solely from the consumers of…

2Cases cited6 opinions

  1. Hawes v. OaklandSupreme Court of the United States · 1882
  2. Consolidated Water Co. v. City of San DiegoU.S. Circuit Court for the District of Southern California · 1897
  3. General Electric Co. v. La Grande Edison Electric Co.Court of Appeals for the Ninth Circuit · 1898
  4. Morgan v. Kansas Pac. Ry. Co.District Court, S.D. New York · 1882
  5. Newby v. Oregon Cent. Ry. Co.U.S. Circuit Court for the District of Oregon · 1869

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

3Cited by6 opinions

  1. Virginia Passenger & Power Co. v. FisherSupreme Court of Virginia · 1905
  2. Carter v. FortneyU.S. Circuit Court for the District of Northern West Virginia · 1909
  3. Consolidated Water Co. v. City of San DiegoCourt of Appeals for the Ninth Circuit · 1899
  4. Cochran v. Pittsburg, S. & N. R.U.S. Circuit Court for the District of Western New York · 1907
  5. Benson v. City of San DiegoU.S. Circuit Court for the District of Southern California · 1900

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

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