Ennis Waterworks v. City of Ennis
Court of Appeals of Texas
Appeal from District Court, Ellis County; P. D. Hawkins, Judge. Suit by the City of Ennis against the En-nis Waterworks. Prom a judgment for plaintiff, defendant appeals.
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Appeal from District Court, Ellis County; P. D. Hawkins, Judge. Suit by the City of Ennis against the En-nis Waterworks. Prom a judgment for plaintiff, defendant appeals. This suit was brought by the city of Ennis against the Ennis Waterworks to forfeit its charter granted to it by said city on the grounds that said city had no express or implied authority to grant such exclusive privileges for the excessively long period of 30 years; that such franchise was contrary to the provisions of the Constitution, wherein monopolies and perpetuities were prohibited, and that defendant had broken the…
1Opinion of the Court
RAINEY, O. J.
(after stating the facts as above). [1] The pivotal question for decision is whether or not the franchise purporting to grant A. M. Morrison the rights and privileges stated therein exclusively tended to the creation of an unlawful monopoly in violation of article 1, § 26, of the Constitution of Texas, prohibiting monopolies and perpetuities. The lower court evidently based its judgment on the decision of our Supreme Court in the case of Brenham v. Water Co., 67 Tex. 543, 4 S. W. 143. The appellant virtually admits that if the Bren-ham Case is applicable, and is followed, it…
2Cases cited8 opinions
- City of Brenham v. Brenham Water Co.Texas Supreme Court · 1887
- City of Austin v. NalleTexas Supreme Court · 1893
- Edwards County v. JenningsTexas Supreme Court · 1896
- Altgelt v. City of San Antonio & Waterworks Co.Texas Supreme Court · 1891
- Bienville Water Supply Co. v. City of MobileSupreme Court of Alabama · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Southern Union Co. v. City of EdinburgTexas Supreme Court · 2003
- Southland Greyhound Lines, Inc. v. Railroad Commission of TexasCourt of Appeals of Texas · 1933
- City of Pocatello v. MurrayDistrict Court, D. Idaho · 1913
- City of Memphis v. BrowderCourt of Appeals of Texas · 1927
- Massie v. HutchesonCourt of Appeals of Texas · 1927