McLaughlin v. City of Newton
Supreme Court of Iowa
Appeal from Jasper District Court. — D. W. Hamilton, Judge. . Action in equity to enjoin the defendant city and A. H. Bioli, proposed grantee of an- electric franchise, from proceediug under ordinances- duly passed by the city council,' granting to-Rich a franchise to operate an electric light plant within the corporate limits of the city.
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Appeal from Jasper District Court. — D. W. Hamilton, Judge. . Action in equity to enjoin the defendant city and A. H. Bioli, proposed grantee of an- electric franchise, from proceediug under ordinances- duly passed by the city council,' granting to-Rich a franchise to operate an electric light plant within the corporate limits of the city. The injunction was granted by the court, on the theory that the election returns did not affirmatively show an approval by a majority vote of the-electors, because the ballots used did not state the proposition in full, to which the voter was asked to give…
1Opinion of the CourtGaynor, J.
Municipal Corporations : notice of election in re granting of fran•chise. I. This action is brought by a resident taxpayer of the city of Newton. Its purpose is to restrain the mayor -and city council and one Á. II. Rich from proceeding-under,- or in any manner carrying into effect, two certain ordinances, hereinafter referred to, regularly passed by the city'Council, and submitted to the electors for their approval at a special meeting called for that purpose, and, on the face of the record, approved by a large majority. The council proposed, in one of the ordinances, to grant to the…
2Cases cited5 opinions
- Lehigh Sewer Pipe & Tile Co. v. Incorporated Town of LehighSupreme Court of Iowa · 1912
- Rock v. RinehartSupreme Court of Iowa · 1893
- Hall v. City of Cedar RapidsSupreme Court of Iowa · 1901
- Goerdt v. TrummSupreme Court of Iowa · 1902
- Wells v. County of BooneSupreme Court of Iowa · 1915
3Cited by15 opinions
- Wyatt v. Town of ManningSupreme Court of Iowa · 1933
- City of Salem v. Oregon-Washington Water Service Co.Oregon Supreme Court · 1933
- Keokuk Waterworks Co. v. KeokukSupreme Court of Iowa · 1938
- Greaves v. City of VilliscaSupreme Court of Iowa · 1933
- Incorporated Town of Mapleton v. Iowa Light, Heat & Power Co.Supreme Court of Iowa · 1927
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