City of Livingston v. Monidah Trust
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Suit by the Monidah Trust against the City of Livingston and others to quiet title to its franchise under which it is engaged in supplying water to the City of Livingston and to the hydrants, pipes and mains, claimed by the plaintiff as part of its water system. Decree for plaintiff, and defendants appeal.
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Appeal from the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Suit by the Monidah Trust against the City of Livingston and others to quiet title to its franchise under which it is engaged in supplying water to the City of Livingston and to the hydrants, pipes and mains, claimed by the plaintiff as part of its water system. Decree for plaintiff, and defendants appeal. It is alleged in the bill of complaint filed October 24, 1917, that the defendant the city of Livingston, on or about the 5th of August, 1889, being then without any waterworks plant…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). The parties will be designated as in the court below.
[1] It is contended by the defendants that the lower court erred in refusing to stay proceedings in this case pending the disposition of the case of Livingston Waterworks Co. v. City of Livingston et al., No. 4393 in the state court. The action in this court is between citizens of different states, the amount involved is jurisdictional and sufficient, and the case is of such a nature that the decree will not interfere with the jurisdiction of the state court over the property upon which the judgment of…
2Cases cited8 opinions
- McClellan v. CarlandSupreme Court of the United States · 1910
- Lehigh Mining & Manufacturing Co. v. KellySupreme Court of the United States · 1895
- City of Owensboro v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1913
- New York Electric Lines Co. v. Empire City Subway Co.Supreme Court of the United States · 1914
- Doane v. California Land Co.Court of Appeals for the Ninth Circuit · 1917
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3Cited by4 opinions
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- Brendle v. SmithDistrict Court, S.D. New York · 1942
- Ratner v. Paramount Pictures, Inc.District Court, S.D. New York · 1942
- Prudential Ins. Co. of America v. ZimmererDistrict Court, D. Nebraska · 1946