Home Telephone & Telegraph Co. v. City of Los Angeles
U.S. Circuit Court for the District of Southern California
In Equity. Demurrer to the bill. This suit was brought to restrain the enforcement of two ordinances attached to the bill, respectively, as Exhibits C and D, and hereinafter more fully set forth. The allegations of the bill are substantially as follows: The city of Los Angeles exists, and since 1888 has existed, under a freeholders’ charter.
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In Equity. Demurrer to the bill. This suit was brought to restrain the enforcement of two ordinances attached to the bill, respectively, as Exhibits C and D, and hereinafter more fully set forth. The allegations of the bill are substantially as follows: The city of Los Angeles exists, and since 1888 has existed, under a freeholders’ charter. That by section 2 of said charter said city is vested with power to provide and maintain a proper and efficient fire department, and make and adopt such rules and regulations for the preservation of property endangered by fire as may by it be deemed…
1Opinion of the CourtWellborn, District Judge
(after stating the facts as above). Plaintiff cites numerous authorities showing this to be a case of equitable and also of federal cognizance. Defendants, however, have not suggested any lack of jurisdiction in either respect, nor is there any ground for such contention. No further reference, therefore, will be made to plaintiff’s authorities on this point.
The questions about which the parties are at issue may be conveniently grouped under three general heads as follows: First. Did the laws of the state of California, at the time of the passage of the ordinances attached to the bill as…
2Cases cited64 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
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3Cited by5 opinions
- City & County of Denver v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1919
- City of Kalamazoo v. Kalamazoo Circuit JudgeMichigan Supreme Court · 1918
- Bennett v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1950
- Bennett v. Mountain States Telephone & Telegraph Co.Supreme Court of Colorado · 1950
- Rogers v. City of CincinnatiOhio Superior Court, Cincinnati · 1919