Mayor of Wilmington v. Addicks
Court of Chancery of Delaware
Bill for an Injunction by the City of Wilmington to restrain the laying of gas pipes in its streets. The complainants were the Mayor and Council of Wilmington, who, at the instance of the Board of Directors of the Street and Sewer Department .'f that City, filed a bill in equity, April 2, 1891, against the defendants, to restrain them from la}dng gas pipes in the streets of the City.
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Bill for an Injunction by the City of Wilmington to restrain the laying of gas pipes in its streets. The complainants were the Mayor and Council of Wilmington, who, at the instance of the Board of Directors of the Street and Sewer Department .'f that City, filed a bill in equity, April 2, 1891, against the defendants, to restrain them from la}dng gas pipes in the streets of the City. The defendants demurred for want of proper parties, and the demurrer was heard by Chancellor ad litem, Henry R. Johnson, who had been appointed to that office, upon the certificate of Chancellor Wolcott that he…
1Opinion of the Court
The Chancellor:—
This cause is brought to a hearing before me upon bill, plea, answer in support of plea, replication, and proofs.
The substance of the plea is that the bill does not contain proper parties. It alleges that the respondents named in the bill are the officers, agents, and employees of the Oxy-Hydrogen Company of the State of Delaware; “that the said company is a duly incorporated corporation of the State of Delaware, duly organized under its charter, and properly authorized to build gas works and lay gas pipes in the streets of the city of Wilmington; that the said defendants…
2Cases cited12 opinions
- New Orleans v. ClarkSupreme Court of the United States · 1877
- New Orleans Water-Works Co. v. RiversSupreme Court of the United States · 1885
- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
- Brook'n Steam Transit Co. v. . City of Brook'nNew York Court of Appeals · 1879
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
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- Trustees of Peninsula Annual Conference v. SpencerCourt of Chancery of Delaware · 1962
- In Re Vicksburg Bridge & Terminal Co.District Court, S.D. Mississippi · 1937
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