Marion Water Co. v. City of Marion
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. W. N. Treioii-leR, Judge. The defendant is a city in this state, of the second class. The plaintiff is a corporation organized under the •laws of this state, and engaged in maintaining and operating a system of waterworks in said city, supplying the city with water for public purposes, and private consumers for domestic and other purposes.
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Appeal from Linn District Court. — Hon. W. N. Treioii-leR, Judge. The defendant is a city in this state, of the second class. The plaintiff is a corporation organized under the •laws of this state, and engaged in maintaining and operating a system of waterworks in said city, supplying the city with water for public purposes, and private consumers for domestic and other purposes. This action is brought against the defendant city to recover an amount alleged to be due as a balance for public water service rendered. The facts involved are not seriously in dispute. These may be regarded as fully…
1Opinion of the Court
Bishop, O. J.
The fact that full and satisfactory ser vice as alleged, was rendered by plaintiff, and those whom it succeeds, during the entire period in controversy, is not disputed. There are presented substantially four grounds of defense,. These are: (1) That the contract under *314which plaintiff and those whom it succeeds performed the service in question was never legally executed or authorized, and is in no manner binding upon the city; that all ordinances of the defendant city, so far as they purport to grant the water company any rights, are invalid, never having been legally - adopted.…
2Cases cited12 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Grant v. City of DavenportSupreme Court of Iowa · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Johnson County Savings Bank v. City of CrestonSupreme Court of Iowa · 1930
- Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
- Diver v. Keokuk Savings BankSupreme Court of Iowa · 1905
- First National Bank v. City of EmmetsburgSupreme Court of Iowa · 1912
- Owens v. City of MarionSupreme Court of Iowa · 1905
18 more not listed; retrieve them via the Exa API.