Missouri River Telephone Co. v. City of Mitchell
South Dakota Supreme Court
’ ■ Appeal from Circuit Count' Davison County. Hon. Frank B.' Smith, Judge. ' ' ■ Action -by the Missouri River Telephone Company against the city of Mitchell. . From a judgment for plaintiff, defendant appeals. - . Statutory provisions with reispect to the calling of a special meeting are considered of a mandatory nature, and have been deemed necessary .in order to prevent, hasty, ill-advised and ill-considered legislation.
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’ ■ Appeal from Circuit Count' Davison County. Hon. Frank B.' Smith, Judge. ' ' ■ Action -by the Missouri River Telephone Company against the city of Mitchell. . From a judgment for plaintiff, defendant appeals. - . Statutory provisions with reispect to the calling of a special meeting are considered of a mandatory nature, and have been deemed necessary .in order to prevent, hasty, ill-advised and ill-considered legislation. Abbott Municipal Corporations, Vol. 2, pg. 1284; Harding v. Vandewater, 40 Cal. 77; The Paola & Fall River Ry. Co. v. Commissioners, 16 Kan. 302; Lord v. City of Anoka,…
1Opinion of the CourtHaney, P. J.
This is an action to restrain the defendant from interfering with the construction and operation 'of a long distance telephone line within its limits, except -by reasonable regulation and control. The decision of the learned circuit court, containing numerous findings of fact, concludes as follows: “(1) That the action taken- by the defendant, the city of Mitchell, through its city -council, gave the plaintiff consent and privilege 'for the plaintiff to erect and -operate long-distance telephone line within said city, and that ;after isaid consent and privilege was given, by the said…
2Cases cited3 opinions
- Appeal of the City of PittsburghSupreme Court of Pennsylvania · 1887
- People ex rel. Village of Colfax v. MaxonIllinois Supreme Court · 1891
- State v. Mayor of Jersey CitySupreme Court of New Jersey · 1887
3Cited by29 opinions
- City of Rapid City v. HoogterpSouth Dakota Supreme Court · 1970
- City of Tulsa v. Southwestern Bell Telephone Co.Court of Appeals for the Tenth Circuit · 1935
- Even v. City of ParkerSouth Dakota Supreme Court · 1999
- City of Denver v. Mercantile Trust Co. of New YorkCourt of Appeals for the Eighth Circuit · 1912
- Spangler v. City of MitchellSouth Dakota Supreme Court · 1915
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