Selkirk v. Sioux City Gas & Electric Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — W. G. Sears, Judge. Action in equity by plaintiff, on behalf of himself and other gas consumers, to enjoin defendant from putting into effect and collecting increased rates for gas, under an amended or new ordinance, contrary to the rates fixed in the ordinance granting the franchise in 1902, which franchise ordinance, the defendant contends, was repealed as to rates by the new or amended ordinance.
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Appeal from Woodbury District Court. — W. G. Sears, Judge. Action in equity by plaintiff, on behalf of himself and other gas consumers, to enjoin defendant from putting into effect and collecting increased rates for gas, under an amended or new ordinance, contrary to the rates fixed in the ordinance granting the franchise in 1902, which franchise ordinance, the defendant contends, was repealed as to rates by the new or amended ordinance. There was a demurrer to the petition, which was sustained; and, plaintiff electing to stand thereon, the petition was dismissed, and judgment rendered…
1Opinion of the CourtPreston, J.
We think the questions presented have been heretofore determined, and we shall, therefore, attempt to avoid repetition of the discussion and reasoning in prior cases. But two questions are relied upon by appellant: First, that the original ordinance constitutes a binding contract upon the defendant; and, second, that the new ordinance amends the old one, and that this could not be done, because the ordinance was not submitted to a vote of the electors. Appellee contends, among other things, that, even though the original franchise ordinance and its acceptance by defendant do constitute a…
2Cases cited13 opinions
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Freeport Water Co. v. Freeport CitySupreme Court of the United States · 1901
- Salt Lake City v. Utah Light & Traction Co.Utah Supreme Court · 1918
- State ex rel. City of Sedalia v. Public Service CommissionSupreme Court of Missouri · 1918
- Sandpoint Water & Light Co. v. City of SandpointIdaho Supreme Court · 1918
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3Cited by1 opinion
- Town of Woodward v. Iowa Railway & Light Co.Supreme Court of Iowa · 1920