Milligan v. City of Miles City
Montana Supreme Court
Appeal from District Court, Custer County; Daniel S. O’Hern, Judge. Action by M. W. Milligan against the City of Miles City and certain of its officers. From an order denying their motion for dissolution of an injunction pendente lite, defendants appeal.
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Appeal from District Court, Custer County; Daniel S. O’Hern, Judge. Action by M. W. Milligan against the City of Miles City and certain of its officers. From an order denying their motion for dissolution of an injunction pendente lite, defendants appeal. Has the city the right and authority to utilize its by-product or exhaust steam of its electric light plant in furnishing heat to private consumers, where the city owns and operates its electric light and power plant and also where the cost of installation of the exhaust heating system is paid in cash with funds derived from revenue of the…
1Opinion of the CourtChief Justice Brantly
Since the year 1896 the defendant city had been the owner of a steam electric light and power plant which has capacity sufficient to produce the current necessary to light the public buildings, streets and alleys of the city and to furnish light and power for private use by its inhabitants. The funds necessary to install the plant — $30,000—were derived from a sale of bonds issued by the city. The revenues derived from the sale of current have always been kept separate from the general revenues of the city, in what is designated as the electric light and power fund. Except as noted hereafter,…
2Cases cited20 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1906
- Davoust v. City of AlamedaCalifornia Supreme Court · 1906
- Pikes Peak Power Co. v. City of Colorado SpringsCourt of Appeals for the Eighth Circuit · 1900
- Western Saving Fund Society v. City of PhiladelphiaSupreme Court of Pennsylvania · 1858
15 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- State Ex Rel. City of Missoula v. HolmesMontana Supreme Court · 1935
- Public Service Co. v. City of LovelandSupreme Court of Colorado · 1926
- State Ex Rel. Great Falls Housing Authority v. City of Great FallsMontana Supreme Court · 1940
- Hames v. City of PolsonMontana Supreme Court · 1950
- City of Olive Hill v. Public Service CommissionCourt of Appeals of Kentucky (pre-1976) · 1947
30 more not listed; retrieve them via the Exa API.