Memphis v. Brown
U.S. Circuit Court for the District of Western Tennessee
Suit at law was originally brought by [T. E.] Brown & Co. in this court for paving; subsequently the city filed its bill in equity against Brown & Co. in the state court, on the same contracts, to restrain certain collections by Brown & Co., and for an accounting. This suit the defendants removed to this court, and by consent of parties the subject of the action at law was by cross-bill united with this suit.
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Suit at law was originally brought by [T. E.] Brown & Co. in this court for paving; subsequently the city filed its bill in equity against Brown & Co. in the state court, on the same contracts, to restrain certain collections by Brown & Co., and for an accounting. This suit the defendants removed to this court, and by consent of parties the subject of the action at law was by cross-bill united with this suit. The action is based upon two contracts made by the city with the assignors of Brown & Co., for street paving. Under the first, paving at the intersections of streets and alleys and…
1Opinion of the Court
EMMONS, Circuit Judge.
4[A distinct consideration cannot be given to the manifold objections made by the counsel for the city in reference to the power of the mayor, the treasurer, the city attorney, and other officials to perform various acts during the progress of this work. That the mayor and other officers could not make the agreements to take the bonds below par, that they could not, under the contract order the work suspended, could not authorize the retention of counsel to aid the city attorney in duties for the benefit of the corporation, without a vote of the council, and various…
2Cases cited50 opinions
- Tracy v. . TalmageNew York Court of Appeals · 1856
- Reed v. . RandallNew York Court of Appeals · 1864
- Wheeler v. . NewbouldNew York Court of Appeals · 1857
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
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3Cited by1 opinion
- City of Memphis v. BethelTennessee Supreme Court · 1875