Legal Opinion

City of Danville v. Danville Water Co.

Illinois Supreme Court

Decided February 17, 1899PublishedCited by 38 opinions

Writ of Error to the Circuit Court of Vermilion county; the Hon. F- Bookwalter, Judge, presiding. This is an action of assumpsit, brought by the defendant in error, the Danville Water Company, against the plaintiff in error, the city of Danville, to recover from the city for a supply of water, furnished to the city by the water company through its hydrants for the quarter beginning May 1, 1895, and ending August 1, 1895, the declaration charging that, according to the terms…

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Writ of Error to the Circuit Court of Vermilion county; the Hon. F- Bookwalter, Judge, presiding. This is an action of assumpsit, brought by the defendant in error, the Danville Water Company, against the plaintiff in error, the city of Danville, to recover from the city for a supply of water, furnished to the city by the water company through its hydrants for the quarter beginning May 1, 1895, and ending August 1, 1895, the declaration charging that, according to the terms of the ordinance under which the water company claims to have constructed its water-works and furnished water to the…

1Opinion of the CourtJustice Magruder

First—The first question presented is this: Was ordinance No. 517, passed on January 17, 1895, a valid enactment? If this question be answered in the affirmative, then the first and second special pleas of the city presented a defense as to all of the cause of action of the water company except $1930.00; and it was error to sustain a demurrer to such pleas. To determine the question whether the ordinance of January 17, 1895, was a valid ordinance or not, it is necessary to determine whether or not the act of June 6, 1891, referred to in the statement preceding" this opinion, and under and in…

2Cases cited17 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Budd v. New YorkSupreme Court of the United States · 1892
  3. Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
  4. People ex rel. Peabody v. Chicago Gas Trust Co.Illinois Supreme Court · 1889
  5. Law v. People ex rel. HuckIllinois Supreme Court · 1877

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3Cited by38 opinions

  1. Poole v. City of KankakeeIllinois Supreme Court · 1950
  2. City of Chicago v. WilliamsIllinois Supreme Court · 1899
  3. Ashton v. County of CookIllinois Supreme Court · 1943
  4. People ex rel. Hillel Lodge No. 72 v. RoseIllinois Supreme Court · 1904
  5. State Public Utilities Commission ex rel. Quincy Railway Co. v. City of QuincyIllinois Supreme Court · 1919

33 more not listed; retrieve them via the Exa API.

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