Selma Water Co. v. City of Selma
U.S. Circuit Court for the District of Southern Alabama
In Equity. On a motion for a preliminary injunction. The bill avers that on July 12, 1890, the municipality of Selma and the complainant entered into a contract, by which said1 municipality granted to the complainant the exclusive right and franchise to construct, maintain, and operate waterworks in said city of Selma for public and private supply of water therein for the period of 25 years from that time, and it avers that the complainant did construct and has maintained…
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In Equity. On a motion for a preliminary injunction. The bill avers that on July 12, 1890, the municipality of Selma and the complainant entered into a contract, by which said1 municipality granted to the complainant the exclusive right and franchise to construct, maintain, and operate waterworks in said city of Selma for public and private supply of water therein for the period of 25 years from that time, and it avers that the complainant did construct and has maintained and operated said waterworks since the execution of said contract, and now has and holds as a yested right under said…
1Opinion of the CourtTourmin, District Judge
(after stating the facts). The gravamen of the complaint is that the complainant has contract franchises and rights which the defendant has violated, and which will be greatly and seriously impaired thereby.
The motion for a preliminary injunction is submitted on the bill and answer and affidavits in connection therewith. If the contract rights of the complainant are clearly established, and the violation of them is apparent, an injunction may be granted. It is not requisite that a breach of covenant against which preventive relief is sought shall have been actually committed. It is sufficient…
2Cases cited6 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- City Railway Co. v. Citizens' Street RailroadSupreme Court of the United States · 1897
- Vicksburg Waterworks Co. v. VicksburgSupreme Court of the United States · 1902
- Bienville Water Supply Co. v. MobileSupreme Court of the United States · 1899
- Amelia Milling Co. v. Tennessee Coal, Iron & R.District Court, N.D. Georgia · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Bobzin v. Gould Balance Valve Co.Supreme Court of Iowa · 1908