Legal Opinion

City of Newton v. Levis

Court of Appeals for the Eighth Circuit

Decided March 22, 1897No. 879PublishedCited by 48 opinions

Appeal from the Circuit Court of the United States for the Southern District of Iowa. This is an appeal under the seventh section of the act to establish the- circuit courts of appeals, approved March 3, 1891 (26 Stat. 826, 82S, c. 517, § 7; 1 Supp. Rev. St. 904), as amended by the act of February 18, 1895 (28 Stat. 666, c. 96), from an interlocutory decree which granted a preliminary injunction on a bill exhibited in the court below by the appellee, Howard C. Levis.

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Appeal from the Circuit Court of the United States for the Southern District of Iowa. This is an appeal under the seventh section of the act to establish the- circuit courts of appeals, approved March 3, 1891 (26 Stat. 826, 82S, c. 517, § 7; 1 Supp. Rev. St. 904), as amended by the act of February 18, 1895 (28 Stat. 666, c. 96), from an interlocutory decree which granted a preliminary injunction on a bill exhibited in the court below by the appellee, Howard C. Levis. These facts were disclosed by the bill: On January 23, 1885, the appellant the city of Newton, a municipal corporation, made a…

1Opinion of the CourtSanborn, Circuit Judge

To state this case is to decide it. In reliance upon an ordinance of the city of Yewton, whose validity that city had repeatedly and constantly recognized for more than eight years, an electric plant had been constructed, poles had been erected, and wires had been strung, at an expense of $12,000, and the owner of this property was supplying half the private consumers in this city with electric light and power. This owner had mortgaged this property to the appellee for ’$10,000. The city was its active competitor in business. Suddenly that city repealed the ordinance on the faith of which…

2Cases cited6 opinions

  1. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
  2. Blount v. Societe Anonyme Du Filtre Chamberland Systeme PasteurCourt of Appeals for the Sixth Circuit · 1892
  3. Georgia v. BrailsfordSupreme Court of the United States · 1792
  4. Hadden v. DooleyCourt of Appeals for the Second Circuit · 1896
  5. Jensen v. NortonCourt of Appeals for the Ninth Circuit · 1894

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3Cited by48 opinions

  1. Hamilton Watch Co. v. Benrus Watch Co., IncCourt of Appeals for the Second Circuit · 1953
  2. Love v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1911
  3. Shubert v. WoodwardCourt of Appeals for the Eighth Circuit · 1909
  4. Pratt v. StoutCourt of Appeals for the Eighth Circuit · 1936
  5. Magruder v. Belle Fourche Valley Water Users' Ass'nCourt of Appeals for the Eighth Circuit · 1914

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

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