Legal Opinion

Galena Water Co. v. City of Galena

Supreme Court of Kansas

Decided November 10, 1906No. 14,917PublishedCited by 6 opinions

Error from Cherokee district court;- William B. Glasse, judge. STATEMENT. On April 6, 1889, the city of Galena, by ordinance No. 61, granted to what is now known as the Galena Water Company the right to construct and operate a system of water-works in that city.

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Error from Cherokee district court;- William B. Glasse, judge. STATEMENT. On April 6, 1889, the city of Galena, by ordinance No. 61, granted to what is now known as the Galena Water Company the right to construct and operate a system of water-works in that city. Section 1 of such ordinance reads: “That Adam H. McCormack, his associates or assigns, are hereby granted the right to construct, maintain and operate and own a system of water-works in the city of Galena, Cherokee county, Kansas, to supply said city and its inhabitants with water suitable for domestic and fire purposes. . . . Said…

1Opinion of the Court

The opinion of the court was delivered by

Graves, J.:

The plaintiff in error insists that the district court erred in the manner specified in each of the sixty-nine assignments of error, but for the sake of reaching an early decision upon the more substantial' questions involved in the controversy it waives all of these errors except the findings upon the value of the property, the time when the sale became operative, and the adjustment of the purchase-price. We have, therefore, confined our examination of the case to these questions.

We think the district court erred in excluding from its…

2Cases cited5 opinions

  1. National Waterworks Co. v. Kansas CityCourt of Appeals for the Eighth Circuit · 1894
  2. Caldwell v. FrazierSupreme Court of Kansas · 1902
  3. Chadsey v. CondleySupreme Court of Kansas · 1900
  4. Cherryvale Water Co. v. City of CherryvaleSupreme Court of Kansas · 1902
  5. Town of Bristol v. Bristol & Warren Water WorksSupreme Court of Rhode Island · 1901

3Cited by6 opinions

  1. State ex rel. Hopkins v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1924
  2. State ex rel. Culbertson Ferry Co. v. District CourtMontana Supreme Court · 1914
  3. Wyandotte County Gas Co. v. SpaethSupreme Court of Kansas · 1910
  4. Des Moines Water Co. v. City of Des MoinesU.S. Circuit Court for the Southern District of Iowa · 1911
  5. Pueblo Water Co. v. City of PuebloColorado Court of Appeals · 1914

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