Weller v. City of Gadsden
Supreme Court of Alabama
Apical from the City Court of Gadsden, in Equity. Heard before the Hon. John H. Disque. The bill in this case was filed .on July 22, 1903., by the appellants, W. I-I. Weller and R. A. Mitchell, against the City of Gadsden, Robert Campbell as Mayor of said city, and the Aldermen of said city, naming them.
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Apical from the City Court of Gadsden, in Equity. Heard before the Hon. John H. Disque. The bill in this case was filed .on July 22, 1903., by the appellants, W. I-I. Weller and R. A. Mitchell, against the City of Gadsden, Robert Campbell as Mayor of said city, and the Aldermen of said city, naming them. The facts averred in said bill, so far as are necessary to an understanding of the decision on the present appeal, are as follows: The complainants, Mitchell and Weller, were, on the 11th day of November, A. D. 1902, granted a franchise by the City of Gadsden to build, equip and operate a…
1Opinion of the CourtTyson, J.
By section 1 of an ordinance adopted November lltli, 1902, tlie governing board of the city of Gadsden, to obtain for the use of the inhabitants of that city a supply of water for all purposes, granted to R. A. Mitchell, his associates, successors or assigns “the right and privilege to construct, maintain and operate water works for public and private use of water within said city, for a term of thirty years from the date of the completion of said water warks,” together with the right to lay pipes, erect hydrants, fountains and other structures and appurtenances, in any and all of the…
2Cases cited14 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- City of Indianapolis v. Indianapolis Gas-Light & Coke Co.Indiana Supreme Court · 1879
- Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
- City of Greenville v. Greenville Water Works Co.Supreme Court of Alabama · 1899
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- City of Bessemer v. Bessemer City Water WorksSupreme Court of Alabama · 1907
- Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
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