Etowah Light & Power Co. v. Yancey
District Court, E.D. Tennessee
In Equity. Suit by the Etowah Light & Power Company against John Yancey for the condemnation of certain water rights. On demurrer to petition. This suit was commenced in the Circuit Court of Monroe County, Tennessee, by a petition filed by the Etowah Water & Eight Company, chartered and organized as a Tennessee corporation, against John Yancey, a citizen and resident of North Carolina.
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In Equity. Suit by the Etowah Light & Power Company against John Yancey for the condemnation of certain water rights. On demurrer to petition. This suit was commenced in the Circuit Court of Monroe County, Tennessee, by a petition filed by the Etowah Water & Eight Company, chartered and organized as a Tennessee corporation, against John Yancey, a citizen and resident of North Carolina. The petitioner alleged that under Its charter, of which profert was made, it was authorized and empowered to erect a system of waterworks and also an electric light plant for the purpose of supplying the town…
1Opinion of the Court
SANFORD, District Judge.
[1] 1. It is clear that the complainant is organized as a corporation under chapter 245 of the Tennessee Acts of 1909, p. 825, and not under chapter 127 of the Tennessee Acts of 1909, p. 449.
Chapter 245 provides’ for a charter of incorporation “for the purpose of constructing, putting in operation, equipping, and maintaining .a system of waterworks and electric lighting plant and ice plant under one and the same charter,” etc. (section 1). Chapter 127 provides’for the incorporation of “water and electric light, heat and wa*847ter power companies” (section 1), and provides…
2Cases cited1 opinion
- Stratton v. MorrisTennessee Supreme Court · 1891
3Cited by2 opinions
- City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
- Underwood v. HickmanTennessee Supreme Court · 1931