City of Fort Dodge v. Fort Dodge Telephone Co.
Supreme Court of Iowa
Appeal from Webster District Court. — Hon. J. L. Kamrar, Judge. Action in equity to enjoin the defendant from charging and receiving rentals from its patrons in excess of rates specified in its original charter, as granted by the plaintiff. A temporary injunction was issued ex parte, conditioned upon the filing of a bond for $2,000. The bond being filed, the writ issued. Thereafter, the defendant answered and filed a motion to dissolve, the temporary writ.
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Appeal from Webster District Court. — Hon. J. L. Kamrar, Judge. Action in equity to enjoin the defendant from charging and receiving rentals from its patrons in excess of rates specified in its original charter, as granted by the plaintiff. A temporary injunction was issued ex parte, conditioned upon the filing of a bond for $2,000. The bond being filed, the writ issued. Thereafter, the defendant answered and filed a motion to dissolve, the temporary writ. A hearing being had upon such motion, the trial court dissolved it conditionally. The condition being performed by the defendant, the…
1Opinion of the CourtEvans, J.
*640Injunction : temporary writ: object and purpose: maintenance of status quo: relief from improvident writ. *639The defendant is a local telephone company, owning and operating a telephone, exchange in the plaintiff *640city. It originally obtained a charter from the city in 1898. Subsequently, it purchased from and became successor to the Iowa Telephone Company’ which also had a charter from,the plaintiff city. One of the disputes between the parties is as to which charter governs their relations to each other.' The defendant claims to be operating under the charter of the Iowa Telephone Company. The…
2Cases cited6 opinions
- Chicago Great Western Railway Co. v. Iowa Central Railway Co.Supreme Court of Iowa · 1909
- Laplant v. City of MarshalltownSupreme Court of Iowa · 1907
- Barney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
- Alf Bennett Lumber Co. of Texas v. FallCourt of Appeals of Texas · 1913
- Barney v. City of New YorkNew York Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kent Products, Inc. v. HoeghSupreme Court of Iowa · 1953
- Ontjes v. BagleySupreme Court of Iowa · 1933
- Van Horn v. City of Des MoinesSupreme Court of Iowa · 1922
- City of Audubon v. Iowa Light, Heat & Power Co.Supreme Court of Iowa · 1922
- Chicago, Rock Island & Pacific Railway Co. v. WoodsSupreme Court of Iowa · 1923
2 more not listed; retrieve them via the Exa API.