Lewis v. Denver City Water Works Co.
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action by an incorporated water company to enjoin the mayor and trustees of an incorporated town from passing any resolution or ordinance in conflict with a certain contract between the plaintiff and said municipality. A preliminary injunction was granted as prayed for, and on final hearing the same was continued during the existence of said contract. The defendants appeal.
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Appeal from the District Court of Arapahoe County. Action by an incorporated water company to enjoin the mayor and trustees of an incorporated town from passing any resolution or ordinance in conflict with a certain contract between the plaintiff and said municipality. A preliminary injunction was granted as prayed for, and on final hearing the same was continued during the existence of said contract. The defendants appeal. The printed brief filed in this court by counsel for the Water Company contains a statement of the controversy as follows: “ This action arose by reason of the fact that…
1Opinion of the CourtJustice Elliott
The prayer for relief generally indicates- the nature of a bill in chancery. The pleadings in this action are too voluminous to be set forth at length in this opinion; they extend through 90 pages of the printed abstract; but the prayer of the complaint and a paragraph from the brief of counsel for the Water Company sufficiently show the gravamen of the complaint. See foregoing statement.
It is a general principle in the governmental system of this country that the judicial department has nó direct control over the legislative department. Each department of the state government is independent…
2Cases cited3 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Greenwood Cemetery Land Co. v. RouttSupreme Court of Colorado · 1892
- Colorado Central R. R. v. LeaSupreme Court of Colorado · 1879
3Cited by18 opinions
- Colorado Common Cause v. BledsoeSupreme Court of Colorado · 1991
- Colorado State Board of Medical Examiners v. District CourtSupreme Court of Colorado · 1958
- Tebbetts v. People ex rel. SpragueSupreme Court of Colorado · 1903
- City of Louisville v. DISTRICT COURT, CTY. OF BOULDERSupreme Court of Colorado · 1975
- Garitty v. HalbertCourt of Appeals of Texas · 1920
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