Ashland Waterworks Co. v. City of Ashland
Court of Appeals for the Sixth Circuit
Appeal from the District Court' of the United States for the Eastern District of Kentucky': Andrew M. J. Cochran, Judge. Suit in equity by the Ashland Waterworks Company against the City of Ashland and others. Decree of dismissal, and complainant appeals.
Read the full summary
Appeal from the District Court' of the United States for the Eastern District of Kentucky': Andrew M. J. Cochran, Judge. Suit in equity by the Ashland Waterworks Company against the City of Ashland and others. Decree of dismissal, and complainant appeals. The waterworks system in Ashland (a Kentucky city of the fourth class) was installed by appellant’s predecessor pursuant: to the city ordinance of .Tuly 10, 1890. The presently pertinent provisions of the ordinance follow: “Hoc;. 2. The rights and privileges herein granted to continue for a term of 20 years» from and after the passage of…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] 1. The bill was said to be for specific performance. Since the main performance sought is merely the payment of motley, and since this result can be accomplished by legal remedies, the jurisdiction of equity on this ground alone would not be clear. However, the record suggests matters of accounting, and perhaps of equitable cross-conditions to be prescribed, which malee the case not wholly unfit for a court of equity to consider. The plaintiff has chosen, and the defendant lias not objected to, this forum; and under such conditions it is not required…
2Cases cited5 opinions
- City and County of Denver v. New York Trust Co.Supreme Court of the United States · 1913
- Northern Assurance Co. of London v. Grand View Building Ass'nSupreme Court of the United States · 1906
- Slade v. City of LexingtonCourt of Appeals of Kentucky · 1910
- City & County of Denver v. New York Trust Co.Court of Appeals for the Eighth Circuit · 1911
- Benjamin v. City of MayfieldCourt of Appeals of Kentucky · 1916
3Cited by1 opinion
- Hopkins v. ZeiglerCourt of Appeals for the Sixth Circuit · 1919