Creston Waterworks Co. v. City of Creston
Supreme Court of Iowa
A.'p'pealfrom Union District Court. — Hon. H. M. Towner, J udge. This is an action to recover water rents alleged to bp due from the defendants for water furnished during the year 1894, by the plaintiff, in pursuance of the provisions of an ordinance of the defendant city known as “Ordinance No. 128.” The defendant answered, setting up a number of defenses, of which those insisted upon will be hereafter noticed.
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A.'p'pealfrom Union District Court. — Hon. H. M. Towner, J udge. This is an action to recover water rents alleged to bp due from the defendants for water furnished during the year 1894, by the plaintiff, in pursuance of the provisions of an ordinance of the defendant city known as “Ordinance No. 128.” The defendant answered, setting up a number of defenses, of which those insisted upon will be hereafter noticed. Two cases in equity, then pending against this plaintiff,— one to enjoin payment by the city of water rent for the year 1893, and the other to declare said ordinance illegal, — were,…
1Opinion of the CourtGtven, J.
I. The record in this case is unavoidably voluminous, but it is not necessary that we consume space to set out even a summary of it. There is no question but that ordinance No. 128, was enacted by the defendant city, -and accepted by the plaintiff company, and that, but for the matters alleged in these cases against the plaintiff, it would' be entitled to the judgment and decree appealed from. Our inquiry being as to these matters, we will proceed to consider the claims of the appellant, made in argument, in the order made, and, in connection therewith^ so much of the issues and proofs as may…
2Cases cited8 opinions
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- City of Council Bluffs v. StewartSupreme Court of Iowa · 1879
- City of Des Moines v. Des Moines Waterworks Co.Supreme Court of Iowa · 1895
- Dodge v. City of Council BluffsSupreme Court of Iowa · 1881
- Carthan v. LangSupreme Court of Iowa · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Brockenbrough v. Board of Water CommissionersSupreme Court of North Carolina · 1903
- Swanson v. City of OttumwaSupreme Court of Iowa · 1902
- City of Ottumwa v. City Water Supply Co.Court of Appeals for the Eighth Circuit · 1902
- In re State to Issue Bonds to Fund IndebtednessSupreme Court of Oklahoma · 1912
13 more not listed; retrieve them via the Exa API.