Legal Opinion

City of Centerville v. Fidelity Trust & Guaranty Co.

Court of Appeals for the Eighth Circuit

Decided September 29, 1902No. 1,743PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Southern District of Iowa. The appellant, the city of Centerville, is a municipal corporation of the •second class, organized and existing under the general laws of the state of Iowa. The appellee, the Fidelity Trust & Guaranty Company, is a New York corporation, and the Centerville Water Company is an Iowa corporation.

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Appeal from the Circuit Court of the United States for the Southern District of Iowa. The appellant, the city of Centerville, is a municipal corporation of the •second class, organized and existing under the general laws of the state of Iowa. The appellee, the Fidelity Trust & Guaranty Company, is a New York corporation, and the Centerville Water Company is an Iowa corporation. On February 18, 1895, the city council of the city of Centerville passed Ordinance 207, which by its terms purported to authorize the Centerville Water Company to erect, operate, and maintain for the period of 25 years…

1Opinion of the CourtLochren, District Judge

The contract entered into between the city of Centerville and the Centerville Water Company, authorizing the water company to construct the waterworks, and granting it the rights and franchises expressed in Ordinance 207, as amended by Ordinance 208, was valid; as was also the agreement therein of the city in respect to the payment of hydrant rentals. Municipal corporations were authorized to make such contracts when “a majority of the voters of the city or town at a general or special election, by vote, approve the same.” McClain’s Code Iowa, § 639. This approving vote of a majority of the…

2Cases cited8 opinions

  1. Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
  2. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  3. Sunflower Oil Co. v. WilsonSupreme Court of the United States · 1892
  4. Ober v. GallagherSupreme Court of the United States · 1876
  5. Thompson Houston Electric Co. v. City of NewtonU.S. Circuit Court for the Southern District of Iowa · 1890

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3Cited by7 opinions

  1. City Water Supply Co. v. City of OttumwaU.S. Circuit Court for the Southern District of Iowa · 1903
  2. Trust Co. of America v. City of RhinelanderU.S. Circuit Court for the District of Western Wisconsin · 1910
  3. In re Leeds Woolen MillsDistrict Court, W.D. Tennessee · 1904
  4. Æolian Co. v. Schubert Piano Co.Court of Appeals for the Second Circuit · 1919
  5. Vossen v. City of St. ClairMichigan Supreme Court · 1907

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