Legal Opinion

Keokuk Gaslight & Coke Co. v. City of Keokuk

Supreme Court of Iowa

Decided May 17, 1890PublishedCited by 11 opinions

Appeal from Lee District Court. — Hon. Charles H. Phelps, Judge. Action to recover $131.20, balance claimed under contract for lighting, extinguishing and cleaning defendant’s street-lamps, and for gas furnished during the quarter ending October 1, 1888. The case was submitted to the court, and upon the finding of facts and conclusions of law made, judgment was entered dismissing the plaintiff’s petition, and for costs, from which plaintiff appeals.

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Appeal from Lee District Court. — Hon. Charles H. Phelps, Judge. Action to recover $131.20, balance claimed under contract for lighting, extinguishing and cleaning defendant’s street-lamps, and for gas furnished during the quarter ending October 1, 1888. The case was submitted to the court, and upon the finding of facts and conclusions of law made, judgment was entered dismissing the plaintiff’s petition, and for costs, from which plaintiff appeals. On June 20, 1855, the city council passed ordinance number 68, granting to Edward Killbourne and William Herrick, their associates, successors or…

1Opinion of the CourtGiven, J.

i. Rohmer validity ofon: orainanoe. — Appellee questions the validity of said ordinance number 116 on the ground that the city had not authority to confer the privileges 'therein granted, and for other reasons. On September 13, 1873, in an action in the district court of Lee county, wherein this plaintiff was defendant, and this defendant was plaintiff, judgment was entered, declaring that said ordinance number 116 “was legally passed by the city council, and-is valid and of binding • force between said city and said gas company.” As this judgment was not appealed from, it became and is…

2Cases cited1 opinion

  1. Hempstead v. City of Des MoinesSupreme Court of Iowa · 1884

3Cited by11 opinions

  1. Hogle v. SmithSupreme Court of Iowa · 1907
  2. Madison v. Garfield Coal Co.Supreme Court of Iowa · 1901
  3. Fulliam v. DrakeSupreme Court of Iowa · 1898
  4. J. J. Smith Lumber Co. v. Sisters of Charity of the Blessed Virgin MarySupreme Court of Iowa · 1910
  5. Merrifield v. ClarkSupreme Court of Iowa · 1925

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