Legal Opinion

City of Memphis v. Memphis Water Co.

Tennessee Supreme Court

Decided June 21, 1871PublishedCited by 14 opinions

FROM SHELBY. Agreed case from the First Circuit of Shelby county. C. W. Heiskell, J. for city of Memphis, insisted: The questions involved in this case arise upon s. 4 of c. 67 of the Acts of 1869-70, which is as follows: An act to incorporate the Memphis Water Company. * * sfs ‡ & # % Sec. 4. Be it further enacted, That said company shall be, and it is hereby, authorized to establish and construct water works in and adjacent to the city of Memphis in this State, and to…

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FROM SHELBY. Agreed case from the First Circuit of Shelby county. C. W. Heiskell, J. for city of Memphis, insisted: The questions involved in this case arise upon s. 4 of c. 67 of the Acts of 1869-70, which is as follows: An act to incorporate the Memphis Water Company. * * sfs ‡ & # % Sec. 4. Be it further enacted, That said company shall be, and it is hereby, authorized to establish and construct water works in and adjacent to the city of Memphis in this State, and to supply the said city and the inhabitants thereof with a plentiful supply of water; and, for this purpose, they are hereby…

1Opinion of the CourtNioholsojst, C. J.

The facts in this case agreed upon by the parties, and necessary to be noticed in determining the questions raised, are as follows:

The city of Memphis has been for many years a municipal corporation, regularly chartered and organized. On the 18th of December, 1866, the Mayor and Aldermen passed an ordinance to create a board of commissioners for the erection, care, and maintenance of the Memphis water works. The commissioners were appointed and organized, and entered on the discharge of their duties, and made reports from time to time to the Mayor and Aldermen, the last of which was made in…

2Cases cited1 opinion

  1. Marston v. WaldrhynCourt of Appeals of Kentucky · 1802

3Cited by14 opinions

  1. Smiddy v. City of MemphisTennessee Supreme Court · 1918
  2. Reed v. City of AnokaSupreme Court of Minnesota · 1902
  3. Citizens' Gas & Mining Co. v. Town of ElwoodIndiana Supreme Court · 1888
  4. Thrift v. . Elizabeth CitySupreme Court of North Carolina · 1898
  5. Columbus Water-Works Co. v. City of ColumbusSupreme Court of Kansas · 1892

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