City of Mobile v. Mobile Electric Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Bill by the Mobile Electric Company against the City of Mobile and its municipal authorities to restrain and enjoin the holding of an election and from passing or enacting a proposed ordinance accompanying a petition asking for said election and to decree that the contract suspending the original contract with the city be declared valid and binding.
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Appeal from Circuit Court, Mobile County; Joel W. Goldsby, Judge. Bill by the Mobile Electric Company against the City of Mobile and its municipal authorities to restrain and enjoin the holding of an election and from passing or enacting a proposed ordinance accompanying a petition asking for said election and to decree that the contract suspending the original contract with the city be declared valid and binding. From a decree granting a temporary injunction, the municipality appeals. The bill alleges a perpetual contract existing between the city of Mobile and the complainant for lighting…
1Opinion of the CourtAnderson, C. J.
[1] It is unquestionably the law that the state has the authority to fix reasonable rates to be charged by a corporation for supplying electricity to the inhabitants of a city, which supersede other rates agreed on in an existing contract made previously between the company and the consumer, and a legitimate use of this police power does not impair the obligation of a contract or deprive the consumer of property without due process within the influence of the state or federal Constitution. Union Dry Goods Co. v. Georgia Public Service Corp., 248 U. S. 372, 39 Sup. Ct. 117, 63 L. Ed. 309.
“It…
2Cases cited5 opinions
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
- State ex rel. Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1900
- Eastern Illinois State Normal School v. City of CharlestonIllinois Supreme Court · 1916
- Montgomery County v. BarberSupreme Court of Alabama · 1871
3Cited by41 opinions
- Alford v. City of GadsdenSupreme Court of Alabama · 1977
- Wilkinson v. HenrySupreme Court of Alabama · 1930
- Van Antwerp v. Board of Com'rsSupreme Court of Alabama · 1928
- Dennis v. PratherSupreme Court of Alabama · 1925
- Union Central Life Ins. v. State Ex Rel. WhetstoneSupreme Court of Alabama · 1933
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