Des Moines Gas Co. v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk Circuit Cov/rt. On tbe 27th day of September, 1875, the plaintiff filed a “petition in the Circuit Court of Polk county, against the defendants, averring that in 186é they were duly incorporated under the laws of the State of Iowa; that at about the time of the incorporation, the city council of the city of Des Moines granted to them a valuable franchise, which in sub-' stance provided that, for the term of fifteen years then next ensuing, the plaintiff…
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Appeal from Polk Circuit Cov/rt. On tbe 27th day of September, 1875, the plaintiff filed a “petition in the Circuit Court of Polk county, against the defendants, averring that in 186é they were duly incorporated under the laws of the State of Iowa; that at about the time of the incorporation, the city council of the city of Des Moines granted to them a valuable franchise, which in sub-' stance provided that, for the term of fifteen years then next ensuing, the plaintiff should have the exclusive privilege of laying pipes for the conveyance of gas .in all the streets and alleys of the city,…
1Opinion of the Court
Seevers, Ch. J.
I. Conceding the ordinance of 1864, upon its acceptance by the plaintiff, amounted to a contract, whereby the city agreed to take of the plaintiff all the gas consumed in public buildings and lamps, and pay therefor a price fixed by the ordinance for a term of years which has not expired, and further conceding the city is about to repeal said ordinance; and so far as it can by the passage of another ordinance deprive the plaintiff of the benefits of said contract, the question whether the passage of such subsequent ordinance can be prevented by injunction, or, in other words,…
2Cases cited5 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Piqua Branch of State Bank of Ohio v. KnoopSupreme Court of the United States · 1854
- The People v. . SturtevantNew York Court of Appeals · 1853
- Kelley v. City of MilwaukeeWisconsin Supreme Court · 1864
- City of St. Louis v. BoffingerSupreme Court of Missouri · 1853
3Cited by46 opinions
- New Orleans Water Works Co. v. New OrleansSupreme Court of the United States · 1896
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
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