Palmer v. City of Helena
Montana Supreme Court
Appeal from, District Court, Leiols and Clark County; A Miller Smith, Judge. Action by H. B. Palmer against the city of Helena and others. From an order directing issuance of an injunction as prayed for by plaintiff, defendants appeal. A city’s right to provide itself with light is expressly conferred by subdivisions 5 and 7, section 3259, Eevised Codes.
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Appeal from, District Court, Leiols and Clark County; A Miller Smith, Judge. Action by H. B. Palmer against the city of Helena and others. From an order directing issuance of an injunction as prayed for by plaintiff, defendants appeal. A city’s right to provide itself with light is expressly conferred by subdivisions 5 and 7, section 3259, Eevised Codes. The city may execute that power either by contract (Davenport Gas Co. v. Davenport, 124 Iowa, 22, 98 Nl W. 892; City of Newport v. Newport Light Co., 89 Ky. 454, 12 S. W. 1040;-Newport v. Newport Light Co., 84 Ky. 166; Oakley v. Atlantic…
1Opinion of the CourtChief Justice Brantly
This action was brought by plaintiff, a taxpayer of the city of Helena, to enjoin the city, its mayor and council, from proceeding to construct an electric light plant, to be paid for and owned by the city, and from collecting so much of a tax of two mins levied upon the taxable property in the city as was imposed for the purpose of raising funds to aid in paying for the construction of the plant. The pleadings and evidence are voluminous, but there is no substantial controversy as to the material facts. The questions submitted for decision arise upon *502the following facts, either admitted in…
2Cases cited5 opinions
- Davenport v. KleinschmidtMontana Supreme Court · 1887
- State ex rel. Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1900
- City of Helena v. KentMontana Supreme Court · 1905
- Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1904
- Helena Water Works Co. v. City of HelenaMontana Supreme Court · 1902
3Cited by2 opinions
- Farbo v. School Dist. No. 1 of Toole Co.Montana Supreme Court · 1933
- City of Forsyth v. CrellinCourt of Appeals for the Ninth Circuit · 1914