City of Des Moines v. Des Moines Waterworks Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. S. F. Balliet and Hon. C. P. Holmes, Judges. The first of the above-entitled causes is a suit in equity, by which the plaintiff city seeks to enjoin the defendant water company from demanding or receiving from the city a greater sum for furnishing water to the city and its inhabitants than the rate established by a certain ordinance passed by the city council on the twenty-third day of January, 1893, and to enjoin the said company from…
Read the full summary
Appeal from Polk District Court. — Hon. S. F. Balliet and Hon. C. P. Holmes, Judges. The first of the above-entitled causes is a suit in equity, by which the plaintiff city seeks to enjoin the defendant water company from demanding or receiving from the city a greater sum for furnishing water to the city and its inhabitants than the rate established by a certain ordinance passed by the city council on the twenty-third day of January, 1893, and to enjoin the said company from ceasing to supply water to the city. The last two of the above-named suits are actions at law to recover of the city…
1Opinion of the CourtRothrock, J.
1 I. We think it proper to determine the several cases in one opinion. It appears to us that such a consideration of the questions will enable us to give a clearer and more satisfactory understanding of the questions decided than we could attain by a separate consideration of each case. The validity of the ordinance of 1893 is the ultimate question in all the cases. Back of that, all of the powers of cities and towns pertaining to the establishment and maintenance of waterworks have been elaborately discussed, from a statutory and constitutional standpoint, *350and hundreds of authorities have…
2Cases cited8 opinions
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Smith v. . BradyNew York Court of Appeals · 1858
- United States v. RobesonSupreme Court of the United States · 1835
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- City of Danville v. Danville Water Co.Illinois Supreme Court · 1899
- Noble v. Joseph Burnett Co.Massachusetts Supreme Judicial Court · 1911
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
- Oskaloosa Sav. Bk. v. Mahaska Co. St. Bk.Supreme Court of Iowa · 1928
19 more not listed; retrieve them via the Exa API.