Huron Waterworks Co. v. City of Huron
South Dakota Supreme Court
Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by the Huron Waterworks Company against the city of Huron to restrain defendant from taking possession of the waterworks of plaintiff. There was judgment in favor of plaintiff and defendant appeals; The facts are stated in the opinion.
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Appeal from circuit court, Beadle county. Hon. A. W. Campbell, Judge. Action by the Huron Waterworks Company against the city of Huron to restrain defendant from taking possession of the waterworks of plaintiff. There was judgment in favor of plaintiff and defendant appeals; The facts are stated in the opinion. A municipal corporation cannot sell or otherwise dispose of property constructed, created and held in trust for a public use and benefit of its citizens without a special authority from the' legislature, nor can such property be seized on an execution for the debts of such corporation.…
1Opinion of the CourtBennett, P. J.
The facts, as shown in the pleadings, are few. The defendant is a municipal corporation, organized and existing under and by virtue of a special act of the legislative assembly of the territory of Dakota approved March 8, 1883. Among the powers granted by this charter was one “to construct and maintain waterworks, and to make all needful rules and regulations concerning the distribution and use of water supplied by such works; to establish a system of drainage and sewerage in the city, and regulate the use and purify certain sewers, drains and aqueducts.” Section 7, pt. 9, Charter City of…
2Cases cited15 opinions
- De Godey v. GodeyCalifornia Supreme Court · 1870
- Blum v. LogginsTexas Supreme Court · 1880
- Hunt v. SteeseCalifornia Supreme Court · 1888
- Barr v. CollierSupreme Court of Alabama · 1875
- Grant County v. Colonial & United States Mortg. Co.South Dakota Supreme Court · 1892
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3Cited by6 opinions
- Boll v. OstrootSouth Dakota Supreme Court · 1910
- Huron Waterworks Co. v. City of HuronSouth Dakota Supreme Court · 1895
- First National Bank v. CrabtreeSouth Dakota Supreme Court · 1904
- Farrar v. Chicago & N. W. Ry. Co.South Dakota Supreme Court · 1917
- Ford v. TaylorU.S. Circuit Court for the District of Nevada · 1905
1 more not listed; retrieve them via the Exa API.