City of Barre v. Perry & Scribner
Supreme Court of Vermont
Appeal in Chancery. Heard on tbe pleadings, master’s report and exceptions thereto, at the March Term, 1908, Washington County, Hall, Chancellor, Decree, pro forma, for the orator according to the prayer of its bill. The defendant appealed. The opinion states the case. See next case. If the city council could by resolution grant any rights, it could only be for a public purpose that was expressly stated in the permit. State v. Murphy, 134 Mo. 548, 56 Am.
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Appeal in Chancery. Heard on tbe pleadings, master’s report and exceptions thereto, at the March Term, 1908, Washington County, Hall, Chancellor, Decree, pro forma, for the orator according to the prayer of its bill. The defendant appealed. The opinion states the case. See next case. If the city council could by resolution grant any rights, it could only be for a public purpose that was expressly stated in the permit. State v. Murphy, 134 Mo. 548, 56 Am. St. Rep. 515; Scovill v. 'Thayer, 105 U. S. 143; Thomas v. B. B. Co., 101 U. S. 86; Penn. B. B. Co. v. St. Louis etc. B. B. Co., 118 IT. S.…
1Opinion of the CourtMunson, J.
The defendants, partners in the business of supplying water to the orator’s inhabitants for domestic and sanitary purposes, installed' their system of pipes in reliance upon a resolution of the city council, which authorized them to lay and maintain an aqueduct through the streets of the city for the purpose of conveying water. The orator contends that the permit is void, because not given by an ordinance; because not expressed to be for a public purpose; and because not limited as to time. The specific prayer of the bill is that the defendants be enjoined from extending their mains and pipes…
2Cited by20 opinions
- Crowe v. BoyleCalifornia Supreme Court · 1920
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
- Washington Fruit & Produce Co. v. City of YakimaWashington Supreme Court · 1940
- Gade v. Chittenden Solid Waste DistrictSupreme Court of Vermont · 2009
- Schmitt v. City of HazelwoodMissouri Court of Appeals · 1972
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