Legal Opinion

Davenport Gas Light & Coke Co. v. City of Davenport

Supreme Court of Iowa

Decided June 2, 1862PublishedCited by 34 opinions

Appeal from Scott District Court This action was brought on the 22d September, 1858, upon a special contract to recover for gas .furnished one hundred and eighty-six lamp posts in the streets of the city during the months of July and August of that year. The contract was dated, August 6, 1857; and by its terms plaintiffs were to supply the public lamp posts, erected and to be erected, for a specified sum per month, for the whole unexpired term of the charter.

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Appeal from Scott District Court This action was brought on the 22d September, 1858, upon a special contract to recover for gas .furnished one hundred and eighty-six lamp posts in the streets of the city during the months of July and August of that year. The contract was dated, August 6, 1857; and by its terms plaintiffs were to supply the public lamp posts, erected and to be erected, for a specified sum per month, for the whole unexpired term of the charter. The amount claimed was $1,278.95, the recovery' $986 ; and from the judgment defendant appeals. cited Eyser v. Weissgerber, 2 Iowa,…

1Opinion of the CourtWright, J.

Appellant assigns thirteen distinct grounds of error, for the reversal-of this judgment. So far as they are insisted upon in argument, we proceed to notice them.

I. A juror stated, “ that he was a taxpayer in the city, lived in the sixth ward, did not believe it was right for the inhabitants of. that ward to pay their share of the taxes, and get no gas, but bad no opinion as to this cause which would disqualify him from rendering a verdict according to the law and evidences.” On this statement, plaintiff challenged for cause, and the challenge was sustained. Under clause 2, § 3039 of the…

2Cases cited2 opinions

  1. Zabriskie v. Cleveland, Columbus, & Cincinnati RailroadSupreme Court of the United States · 1860
  2. Eyser v. WeissgerberSupreme Court of Iowa · 1856

3Cited by34 opinions

  1. City of Indianapolis v. Indianapolis Gas-Light & Coke Co.Indiana Supreme Court · 1879
  2. Dively v. City of Cedar FallsSupreme Court of Iowa · 1869
  3. State v. BowersSupreme Court of Iowa · 1864
  4. Williamson v. C., R. I. & P. R.Supreme Court of Iowa · 1880
  5. Anson v. DwightSupreme Court of Iowa · 1865

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