Legal Opinion

Vicksburg v. Vicksburg Waterworks Co.

Supreme Court of the United States

Decided May 21, 1906No. 133PublishedCited by 82 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF MISSISSIPPI. The facts are stated in the opinion. The motion to dismiss must be denied. Penn Mutual Life Ins. Co. v. Austin, 168 U. S. 685; Loeb v. Columbia Township, 179TJ.

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF MISSISSIPPI. The facts are stated in the opinion. The motion to dismiss must be denied. Penn Mutual Life Ins. Co. v. Austin, 168 U. S. 685; Loeb v. Columbia Township, 179TJ. S. 472; Connolly v. Union Sewer Pipe Co., 184 U. S. 544. The Bullock contract was personal and not assignable, and the Supply Company had no power to assign the contract to the 'Waterworks Company and to compel’ appellants without their consent to look to it for its performance. The burden is on appellee to show such power or consent. Matthews…

1Opinion of the CourtJustice Day

This case was before this court at the October term, 1901, and is reported in 185 U. S. 65, It was then here upon the question of jurisdiction, and it was held that it presented a controversy arising under the Constitution of the United States, such as gave the-Circuit Court jurisdiction. There was no diversity of citizenship, and the bill was filed’by th§ Vicksburg . Waterworks Company, a corporation of the State of Mississippi, against the Mayor and Aldermen of the city of Vicksburg, a municipal corporation of the same State. In view of the full statement of the contents of the bill and the…

2Cases cited11 opinions

  1. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  2. Chapman v. BarneySupreme Court of the United States · 1889
  3. Julian v. Central Trust Co.Supreme Court of the United States · 1904
  4. Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
  5. Hamilton Gas Light & Coke Co. v. Hamilton CitySupreme Court of the United States · 1892

6 more not listed; retrieve them via the Exa API.

3Cited by82 opinions

  1. The Fair v. Kohler Die & Specialty Co.Supreme Court of the United States · 1913
  2. Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
  3. Mayor of Vicksburg v. HensonSupreme Court of the United States · 1913
  4. Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1906
  5. Burns v. City of SeattleWashington Supreme Court · 2007

77 more not listed; retrieve them via the Exa API.

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