Akins v. City of Humansville
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) There being no contract in writing with James D. Akins he could not recover. R. S. 1899, sec. 6759; Crutchfield v. Warrensburg, 30 Mo. App. 456; Woolfolk v. Randolph County, 83 Mo. 501. (2) The decree or finding is not supported by the evidence. (3) The judgment should have been for defendant. Iron Co. v. Lancaster, 15 Pa. Sup. Ot. 556, affirming 17 Lane.
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Appeal from Polk Circuit Court. — Hon. Argus Cox, Judge. (1) There being no contract in writing with James D. Akins he could not recover. R. S. 1899, sec. 6759; Crutchfield v. Warrensburg, 30 Mo. App. 456; Woolfolk v. Randolph County, 83 Mo. 501. (2) The decree or finding is not supported by the evidence. (3) The judgment should have been for defendant. Iron Co. v. Lancaster, 15 Pa. Sup. Ot. 556, affirming 17 Lane. L. Rev. (Pa.) 161; Sanders v. Brown (Ala.), 30 So. 732. (4) Injunction will not issue where the terms of the contract are vague or uncertain. Sanders v. Brown [Ala.], 30 So. 732; 7…
1Opinion of the CourtEllison, J.
The defendant is a city of the fourth class and this is a proceeding for a mandatory injunction to prevent such city from shutting off the water supply of plaintiff James D. Akins. The decree was for the plaintiffs and defendant appealed.
It appears that there is a large spring in or near the corporate limits of defendant, of sufficient flow to furnish the city with water for public purposes and for the private use of the inhabitants. The ground out of which the spring issues is known as Block 13 and the greater part was owned by the defendant Thomas J. Akins. The other part was owned by…
2Cases cited7 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Walter v. ScofieldSupreme Court of Missouri · 1902
- Howard v. StrodeMissouri Court of Appeals · 1907
- State v. LarewSupreme Court of Missouri · 1905
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