Davenport v. Kleinschmidt
Montana Supreme Court
Appeal from the First Judicial Disfrict, Lewis and Clarke County. STATEMENT. The history of this case is about as follows: The city council of the city of Helena enacted an ordinance, No. 93, approved November 22, 1886, by the mayor, by which was granted to George F. Woolston a franchise to lay water mains within the limits of the city of Helena, and to construct and maintain a system of water-works for the purpose of supplying the city and its inhabitants with water for…
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Appeal from the First Judicial Disfrict, Lewis and Clarke County. STATEMENT. The history of this case is about as follows: The city council of the city of Helena enacted an ordinance, No. 93, approved November 22, 1886, by the mayor, by which was granted to George F. Woolston a franchise to lay water mains within the limits of the city of Helena, and to construct and maintain a system of water-works for the purpose of supplying the city and its inhabitants with water for domestic, manufacturing, and other purposes. It was provided in and by said ordinance that the city should take water from…
1Opinion of the CourtLiddell, J.
The plaintiffs in this suit are citizens and taxpayers of the city of Helena, and instituted the present action in 1886, against the defendants, mayor and aldermen of the city aforesaid, and against one G. F. Woolston.
It appears that on the 22d of November of that year, the city council, by an ordinance, granted to the defendant Woolston the franchise of laying mains and water pipes through the streets and supplying water to the inhabitants of said city, as well as furnishing the corporation with water for fire and sewerage purposes for a period of twenty years at a stipulated payment of one…
2Cases cited11 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Himely v. RoseSupreme Court of the United States · 1809
- Washington Bridge Co. v. StewartSupreme Court of the United States · 1845
- The Santa MariaSupreme Court of the United States · 1825
- Davidson v. DallasCalifornia Supreme Court · 1860
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3Cited by9 opinions
- Carlson v. Northern Pacific Railway Co.Montana Supreme Court · 1929
- Milligan v. City of Miles CityMontana Supreme Court · 1915
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1922
- Martin v. City of LincolnNebraska Supreme Court · 1952
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