State ex rel. Godard v. Topeka Water Co.
Supreme Court of Kansas
Original proceeding in quo warranto. STATEMENT. The facts in the case necessary to be considered are as follows : On September 5, 1881, the city of Topeka passed an ordinance, No. 400, which took effect September 7, entitled “An ordinance for the erection, construction and maintenance of water-works in the city of Topeka, Kansas, and to regulate the same.”
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Original proceeding in quo warranto. STATEMENT. The facts in the case necessary to be considered are as follows : On September 5, 1881, the city of Topeka passed an ordinance, No. 400, which took effect September 7, entitled “An ordinance for the erection, construction and maintenance of water-works in the city of Topeka, Kansas, and to regulate the same.” The material sections of the ordinance are as follows : “ Section 1. In consideration of the benefits to the city of Topeka, Kansas, hereinafter specified and provided for, there is hereby given and granted to the Topeka Water-supply…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
There are two questions to be settled essential to a disposition of this case : (1) Did The Topeka Water Company (the Kansas corporation), by its trust deed to the Atlantic Trust Company, convey to it, by way of mortgage, the franchises granted to the former by the city of Topeka ? ( 2) Has the Topeka Water Company (the New Jersey corporation), under its charter, a right to own and operate a system of water-works in Shawnee county, Kansas, and to transact business in this state, to the extent claimed by it, under the rules of comity, or…
2Cases cited14 opinions
- Long Island Water Supply Co. v. BrooklynSupreme Court of the United States · 1897
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Memphis & Little Rock Railroad v. Railroad CommissionersSupreme Court of the United States · 1884
- Morgan v. LouisianaSupreme Court of the United States · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Brown v. Wichita State UniversitySupreme Court of Kansas · 1975
- City of Bowling Green v. KirbyCourt of Appeals of Kentucky (pre-1976) · 1927
- Lillie Boman v. Birmingham Transit CompanyCourt of Appeals for the Fifth Circuit · 1960
- State v. AtkinSupreme Court of Kansas · 1902
- O'GRADY v. PottsSupreme Court of Kansas · 1964
19 more not listed; retrieve them via the Exa API.