State ex rel. Weatherly v. Birmingham Water Works Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Quo warranto by the State, on tbe relation of James Weatherly, against the Birmingham Waterworks Company. From a decree for defendant, relator appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Quo warranto by the State, on tbe relation of James Weatherly, against the Birmingham Waterworks Company. From a decree for defendant, relator appeals. The information charges that the Birmingham Waterworks Company has severally breached said franchise contracts, dated June 2, 1888, and forfeited its right, franchise, and privileges thereunder, by' acts and omissions as follows: A. “Defendant’s said ditch or canal through which it supplies water from Five Mile creek, runs for, to wit, five miles to a territory which is…
1Opinion of the CourtSomerville, J.
The prolixity of the pleadings exhibited in this cause is such that detailed treatment is impracticable, if not impossible. Following the example of counsel, we shall under-take to discuss the pleadings only as they may be grouped under the several principles of law which we deem fundamental, to. a decision of the cause upon its merits.
The Birmingham Water Works Company was chartered by legislative act on February 13, 1885, for the express purpose of supplying the citizens of Birmingham and its suburbs with “an ample supply of good and pure water.” See B’ham W. W. Co. v. Birmmgham, 176 Ala.…
2Cases cited34 opinions
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- State v. Port of TillamookOregon Supreme Court · 1912
- Worthington & Co. v. GwinSupreme Court of Alabama · 1898
- State ex rel. Snyder v. Portland Natural Gas & Oil Co.Indiana Supreme Court · 1899
- Oelschlegel v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1898
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3Cited by15 opinions
- Birmingham Bar Ass'n v. Phillips & MarshSupreme Court of Alabama · 1940
- White v. State Ex Rel. FowlerSupreme Court of Alabama · 1955
- Orchard v. Board of Com'rs of Sierra CountyNew Mexico Supreme Court · 1938
- Birmingham W. W. Co. v. HernandezSupreme Court of Alabama · 1916
- City Cleaning Co. v. Birmingham Waterworks Co.Supreme Court of Alabama · 1920
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