Le Claire v. City of Davenport
Supreme Court of Iowa
'Appeal from, Scott District Court The petition in this case alleges that on the 18th of October, 1854, the council of the city of Davenport passed an ordinance granting to plaintiff, for a consideration named, and for the convenience and benefit of said city, the right to erect and put in operation a Market House, on a certain parcel of real estate therein described; that by said ordinance plaintiff was given the right to rent, lease and hire the stalls, rooms, &c., in said…
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'Appeal from, Scott District Court The petition in this case alleges that on the 18th of October, 1854, the council of the city of Davenport passed an ordinance granting to plaintiff, for a consideration named, and for the convenience and benefit of said city, the right to erect and put in operation a Market House, on a certain parcel of real estate therein described; that by said ordinance plaintiff was given the right to rent, lease and hire the stalls, rooms, &c., in said building, to be used for the purpose of selling meats, vegetables, &c., as is customary in market places; that the city…
1Opinion of the CourtWright, J.
The ruling in the court below was based alone upon the case of The City of Davenport v. Stelley, 7 Iowa, 102. That was decided by a divided court, the majority holding that the city could not delegate to individuals the right to erect market houses and charge rent for the use of the stalls therein, reserving to itself no power to control the same; that the fact that the city gave the lessee absolute control over the rents of the building rendered the same a private, as contradistinguished from a public market, and that the defendant, who was charged with selling fresh meats at a place other…
2Cases cited1 opinion
- City of Davenport v. KelleySupreme Court of Iowa · 1858
3Cited by8 opinions
- Plumb v. ChristieSupreme Court of Georgia · 1898
- City of Jacksonville v. LedwithSupreme Court of Florida · 1890
- City of Richmond v. Supervisors of Henrico CountySupreme Court of Virginia · 1887
- Newson v. City of GalvestonTexas Supreme Court · 1890
- Levis v. City of NewtonU.S. Circuit Court for the Southern District of Iowa · 1896
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