City of Santa Cruz v. Wykes
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Northern District of California; Wm. C. Van Fleet, Judge. Bill in equity by George Wykes, as successor to the Holland Trust Company of New York, as trustee against the City Water Company of Santa Cruz and the City of Santa Cruz to foreclose a mortgage given by the water company to secure bonds issued by it. Judgment (184 Fed. 752) for complainant, and defendant city appeals.
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Appeal from the Circuit Court of the United States for the Northern District of California; Wm. C. Van Fleet, Judge. Bill in equity by George Wykes, as successor to the Holland Trust Company of New York, as trustee against the City Water Company of Santa Cruz and the City of Santa Cruz to foreclose a mortgage given by the water company to secure bonds issued by it. Judgment (184 Fed. 752) for complainant, and defendant city appeals. Up to July 2, 1888, the city of Santa Cruz was served with water for municipal and household purposes by private enterprise, but on that date the common council…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). In pursuance of its primary purpose of acquiring a waterworks system, the city of Santa Cruz issued $300,000 of city bonds. It is shown that $30,000 of these bonds, with other funds of the city, the whole amounting to about $40,000, were expended in procuring water rights, rights of way, easements, and a reservoir site, looking to the construction of the water system, and a franchise was granted the *363city for laying the mains and constructing the necessary equipment for the completed system.
At this juncture in the progress of the work, the state Legislature…
2Cases cited33 opinions
- Hedges v. Dixon CountySupreme Court of the United States · 1893
- Waite v. Santa CruzSupreme Court of the United States · 1902
- Armstrong v. American Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1890
- Litchfield v. BallouSupreme Court of the United States · 1885
- Dixon County v. FieldSupreme Court of the United States · 1884
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3Cited by10 opinions
- Garrett v. SwantonCalifornia Supreme Court · 1932
- Jackson v. Conneautville Borough School DistrictSupreme Court of Pennsylvania · 1924
- State Ex Rel. Shell Oil Co. v. Register of State Land OfficeSupreme Court of Louisiana · 1939
- State v. A. H. Read Co.Wyoming Supreme Court · 1925
- Bottoms v. Madera Irrigation DistrictCalifornia Court of Appeal · 1925
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