State ex rel. Great Falls Water Works v. Mayor of Great Falls
Montana Supreme Court
Appeal from. District Court, Cascade County. Dudley Du Bose, Judge. Mandamus by the state, on the relation of the Great Falls Waterworks, against the mayor and city council of the city of Great Falls, and the city of Great Falls. A peremptory writ issued, and from an order granting a new trial relator appeals. . Statement of the case by the justice.delivering the opinion.
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Appeal from. District Court, Cascade County. Dudley Du Bose, Judge. Mandamus by the state, on the relation of the Great Falls Waterworks, against the mayor and city council of the city of Great Falls, and the city of Great Falls. A peremptory writ issued, and from an order granting a new trial relator appeals. . Statement of the case by the justice.delivering the opinion. On March 26 and 27, 1889, while Montana was a territory, Ordinance No. 17 of the city of Great Falls was passed and approved. It embodied the terms of a contract between said city and one T. E. Collins and others for the…
1Opinion of the CourtBuck, J.
Winnowing the grain of this controversy, — distinguishing the substance from the shadows of law invoked,— the vital issues are less numerous than the many questions elaborately discussed in brief and argument seem to indicate.
It is apparent from the record that, in the refusal of the city council of Great Falls to allow relator’s claim for hydrant rentals, the actual motive was to repudiate the water contract, because it had grown burdensome, through changed financial conditions. It is also manifest that the district court which granted the motion for a new trial acted solely on the theory…
2Cases cited6 opinions
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Wolff v. New OrleansSupreme Court of the United States · 1881
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- Wood v. StrotherCalifornia Supreme Court · 1888
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3Cited by27 opinions
- Carlson v. City of HelenaMontana Supreme Court · 1909
- Muncie Natural Gas Co. v. City of MuncieIndiana Supreme Court · 1903
- Jay v. School District No. 1Montana Supreme Court · 1900
- Milligan v. City of Miles CityMontana Supreme Court · 1915
- Los Angeles City Water Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1898
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