State ex rel. Fullerton v. Des Moines City Railway
Supreme Court of Iowa
Appeal from, Polls District Oourt.— Hons. James A. Howe, and. Hugh Brennan, Judges. The above-entitled actions at law are brought to test the corporate right of the defendants to maintain and operate lines of railway upon the streets $f the city of Des Moines. The cases are so similarly related, and depend so nearly upon similar states of fact that they can be con-, veniently disposed of in a single opinion.
1Opinion of the CourtWeaver, J.
On September 4, 1905, the relators herein presented to Jesse A. Miller, then county attorney of Polk county, Iowa, a written notice alleging that the Des Moines City Railway Company, a corporation organized under the laws of this State, was wrongfully and in excess of its lawful power and authority assuming the right to construct, maintain, and operate upon the public streets of the city of Des Moines, a system of street railways without having been granted any franchise or privilege so to do, and was thereby wrongfully obstructing and incumbering the streets of said city with its tracks,…
2Cases cited53 opinions
- Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837
- Morgan v. LouisianaSupreme Court of the United States · 1876
- Painter v. PainterOhio Supreme Court · 1849
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
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3Cited by29 opinions
- Dorman v. Credit Reference & Reporting Co.Supreme Court of Iowa · 1932
- Birmingham Bar Ass'n v. Phillips & MarshSupreme Court of Alabama · 1940
- State ex rel. County Attorney v. Des Moines City Railway Co.Supreme Court of Iowa · 1913
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
- Northwestern Trading Co. v. Western Live Stock InsuranceSupreme Court of Iowa · 1917
24 more not listed; retrieve them via the Exa API.