Donahue v. Morgan
Supreme Court of Colorado
Appeal from the District Court of Pueblo County. This is an action brought by the plaintiff, as a resident taxpayer of the city of Pueblo, against the defendants as “ trustees of the Pueblo waterworks ” to j estrain them, as such board, from paying any moneys for the repairs and enlargement of said waterworks under a contract previously made by and between said board and C. P. McCarthy and F. P. Lannon, who are joined as defendants in the action.
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Appeal from the District Court of Pueblo County. This is an action brought by the plaintiff, as a resident taxpayer of the city of Pueblo, against the defendants as “ trustees of the Pueblo waterworks ” to j estrain them, as such board, from paying any moneys for the repairs and enlargement of said waterworks under a contract previously made by and between said board and C. P. McCarthy and F. P. Lannon, who are joined as defendants in the action. The district court granted an injunction in accordance with the prayer of the complaint, and from the decree awarding such relief the defendants…
1Opinion of the CourtJustice Campbell
In the opening brief of counsel for appellants, considerable space is devoted to an argument in support of the propositions that the act of 1885 is constitutional, and that the plan of consolidation agreed upon by the respective municipalities was strictly in accordance with the provisions of that act. These questions apparently were mooted at the trial below, but appellee in his brief in this court concedes the former, without qualification, and the latter, if his construction of the plan is adopted as the correct one. So that the questions for determination here are narrowed down to the…
2Cases cited6 opinions
- Cook v. Port of PortlandOregon Supreme Court · 1891
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- United States v. MemphisSupreme Court of the United States · 1878
- In re Senate Bill Providing for a Board of Public WorksSupreme Court of Colorado · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Fjeldsted v. Ogden CityUtah Supreme Court · 1933
- People ex rel. City & County of Denver v. County CourtSupreme Court of Colorado · 1958
- Dakota Central Telephone Co. v. City of HuronU.S. Circuit Court for the District of South Dakota · 1908
- People v. COUNTY COURT OF ARAPAHOE COUNTYSupreme Court of Colorado · 1958