State ex rel. Shaver v. Iowa Telephone Co.
Supreme Court of Iowa
Appeal from Polk District Cowrt. — C. A. Dudley, Judge. Action to oust defendant company from the streets and highways of the city of Des Moines, because the defendant is without a franchise to operate its local telephone system and exchange in the city, for that the company has not obtained the consent of the city and the electors thereof to use its streets, highways, avenues, alleys and public places, as required by the statutes on the subject.
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Appeal from Polk District Cowrt. — C. A. Dudley, Judge. Action to oust defendant company from the streets and highways of the city of Des Moines, because the defendant is without a franchise to operate its local telephone system and exchange in the city, for that the company has not obtained the consent of the city and the electors thereof to use its streets, highways, avenues, alleys and public places, as required by the statutes on the subject. Defendant contends that such eonsént is not required. A number of defenses were interposed. The demurrer of plaintiff to defendant’s answer was…
1Opinion of the CourtDeemer, J.
It is charged and admitted that the city of Des Moines is a city of the first class. Defendant is a corporation for pecuniary profit, organized in August, 1896, under the laws of Iowa. Its articles of incorporation provide, among other things:
The general nature of the business to be transacted by this corporation shall be the acquiring by purchase, lease or *610otherwise; constructing, maintaining and operating telephone plants, both local and long distance, including telephone exchange systems and public and private telephones and telegraph lines. The amount of the authorized capital stock of…
2Cases cited46 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- Union Pacific Railroad v. Laramie Stock Yards Co.Supreme Court of the United States · 1913
- Blair v. City of ChicagoSupreme Court of the United States · 1906
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
- City of Owensboro v. Cumberland Telephone & Telegraph Co.Supreme Court of the United States · 1913
41 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Young v. O'KEEFESupreme Court of Iowa · 1957
- Hahn v. Clayton CountySupreme Court of Iowa · 1934
- Matter of KasterSupreme Court of Iowa · 1990
- Azeltine v. LuttermanSupreme Court of Iowa · 1934
- City of Des Moines v. Iowa Telephone Co.Supreme Court of Iowa · 1917
21 more not listed; retrieve them via the Exa API.