Legal Opinion

Huron Waterworks Co. v. City of Huron

South Dakota Supreme Court

Decided April 20, 1895PublishedCited by 10 opinions

Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Two actions, one by the Huron Waterworks Company against the city o£ Huron, and one by H. Eay Myers and Henry Schaller, on behalf of themselves and all other taxpayers similarly situated, against the city of Huron and the Huron Waterworks Company. The actions were consolidated, and from the judgment rendered the city of Huron, H. Eay Myers, and Henry Schaller appeal. The facts are stated in the opinion.

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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Two actions, one by the Huron Waterworks Company against the city o£ Huron, and one by H. Eay Myers and Henry Schaller, on behalf of themselves and all other taxpayers similarly situated, against the city of Huron and the Huron Waterworks Company. The actions were consolidated, and from the judgment rendered the city of Huron, H. Eay Myers, and Henry Schaller appeal. The facts are stated in the opinion. Issuance of bonds by municipalities in aid of private industrial enterprises is unlawful. 15 Am. & Eng. Ency. Law, 1240;…

1Opinion of the CourtCorson, P. J.

These two actions were consolidated and tried together in the court below, as they involved substantially the same question. Judgments were rendered in both actions in favor of the Huron Waterworks Company, and from the judgments the city of Huron and H. Ray Myers and Henry Schaller have appealed to this court.

A few paragraphs from the complaint of H. Ray Myers and Henry Schaller and three findings of fact by the court will sufficiently present the case for the purposes of this decision.

*16It is alleged in the complaint: “(3) That heretofore, and during the years 1883 and 1884, under and by…

2Cases cited10 opinions

  1. Mayor of New-York v. BaileyNew York Supreme Court · 1845
  2. Litchfield v. BallouSupreme Court of the United States · 1885
  3. Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
  4. Town of West Hartford v. Board of Water CommissionersSupreme Court of Connecticut · 1877
  5. City of Rochester v. . Town of RushNew York Court of Appeals · 1880

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3Cited by10 opinions

  1. Wisconsin Gas & Electric Co. v. City of Fort AtkinsonWisconsin Supreme Court · 1927
  2. Buckhout v. City of NewportSupreme Court of Rhode Island · 1942
  3. Blanding v. City of Las VegasNevada Supreme Court · 1929
  4. Ogden City v. Bear Lake & River Water-Works & Irrigation Co.Utah Supreme Court · 1898
  5. Commonwealth v. City of RichmondSupreme Court of Virginia · 1914

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