Illinois Trust & Savings Bank v. City of Arkansas City
Court of Appeals for the Eighth Circuit
Appeals from the Circuit Court of the United States for the District of Kansas. Those are appeals from a decree of foreclosure of a trust deed upon the waterworks in the city of Arkansas City, in the state of Kansas.
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Appeals from the Circuit Court of the United States for the District of Kansas. Those are appeals from a decree of foreclosure of a trust deed upon the waterworks in the city of Arkansas City, in the state of Kansas. The Illinois Trust & Savings Bank, the trustee In the deed and the complainant in the foreclosure suit, appeals, because the court below adjudged by its decree that the city of Arkansas City was not hound to pay the rentals for hydrants, which it undertook to pay by the terms of the contract with the mortgagor, under which the works were constructed, and in reliance upon which…
1Opinion of the CourtSanborn, Circuit Judge
The effect of the decree in thi ■*. case is that the city is not liable to pay the rental promised by it for the use of the waterworks, constructed by a private corporation, and accepted and used by the city for many years under a supposed contract, (1) because the city had,, no power to vest in the private corporation the exclusive right to the-use of its streets, for the purpose of laying pipes to conduct water to itself and its -inhabitants, (2) because it had no power to grant the right to use its streets for that purpose for the term of 21 years, and (3) because the ordinance which…
2Cases cited75 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Chicago v. SheldonSupreme Court of the United States · 1870
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
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3Cited by156 opinions
- City of S. Pasadena v. Pasadena Land & Water Co.California Supreme Court · 1908
- Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1906
- Bell v. KirklandSupreme Court of Minnesota · 1907
- City of Winona v. BotzetCourt of Appeals for the Eighth Circuit · 1909
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
151 more not listed; retrieve them via the Exa API.