Legal Opinion

Hodge v. Alabama Water Co.

Supreme Court of Alabama

Decided April 7, 1921No. 7 Div. 109PublishedCited by 10 opinions

Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Bill by H. L. Hodge and the Anniston.Hotel Company against the Alabama Watqr Company to enjoin the collection of a water rate in excess of the contract price. Prom a ■decree sustaining demurrers to the bill, complainants appeal.

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Appeal from Circuit Court, Calhoun County; A. P. Agee, Judge. Bill by H. L. Hodge and the Anniston.Hotel Company against the Alabama Watqr Company to enjoin the collection of a water rate in excess of the contract price. Prom a ■decree sustaining demurrers to the bill, complainants appeal. The bill contains equity, and the demurrers thereto confess all the facts well pleaded. 130 Ala. 384, 30 South. 445; 180 Ala. 322, 60 South. 900; 191 Ala. 457, 67 South. 613, L. R. A. 1915D, 1086; 201 Ala. 141, 77 South. 565; 167 Ala. 448, 52 South. 463; 167 Ala. 587, 52 South. 845; 169 Ala. 628, 53 South.…

1Opinion of the CourtMiller, J.

H. L. Hodge and the Annis1ton Hotel Company (a corporation) file this bill against the Alabama Water Company, a body corporate.

The bill avers that on the 20th of June, 1910, the Anniston Hotel Company made a contract with the Anniston Water Supply Company to furnish it or its lessees or assigns all water needed for any and all purposes in and about the operation of the Alabama Hotel. The bill does not aver in substance this contract or set it out in htee verba.

The bill states the water was to be paid for as per schedule for monthly consumption in words and figures as follows: Prom 10 cents…

2Cases cited11 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. City of Montgomery v. GreeneSupreme Court of Alabama · 1913
  3. Broughton v. MitchellSupreme Court of Alabama · 1879
  4. Carlisle v. CarlisleSupreme Court of Alabama · 1884
  5. Weller v. City of GadsdenSupreme Court of Alabama · 1904

6 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. People v. SeccombeCalifornia Court of Appeal · 1930
  2. State v. Mountain States Tel. & Tel. Co.New Mexico Supreme Court · 1950
  3. Mitchell v. City of MobileSupreme Court of Alabama · 1943
  4. Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
  5. Alabama Water Co. v. KnowlesSupreme Court of Alabama · 1929

5 more not listed; retrieve them via the Exa API.

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