City of Fergus Falls v. Fergus Falls Water Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit: Court of the United States for the District of Minnesota. This action was commenced in the United States circuit court for the Sixth division of the district of Minnesota by the defendant in error, the Fergus Falls Water Company, a corporation chartered under the laws of the state of Minnesota, against the city of Fergus Falls, a municipal corporation of that state, to recover moneys alleged to be due upon a contract entered into between tlie city…
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In Error to the Circuit: Court of the United States for the District of Minnesota. This action was commenced in the United States circuit court for the Sixth division of the district of Minnesota by the defendant in error, the Fergus Falls Water Company, a corporation chartered under the laws of the state of Minnesota, against the city of Fergus Falls, a municipal corporation of that state, to recover moneys alleged to be due upon a contract entered into between tlie city and tlie water company on the 19th day of April, 1888, whereby the water company agreed to supply the city with water for…
1Opinion of the CourtCaldwell, Circuit Judge
(after stating the case as above), delivered the opinion of the court.
The defendant challenged the jurisdiction of the circuit court at every stage of the case, and that is the only question we find it neces: sary to consider. The jurisdiction is attempted to be maintained upon the ground that the case is one arising under the constitution of the United States. But clearly this is not so. The complaint shows the suit to be one to recover for water furnished by the plaintiff to the city under the contract set out in the complaint. In a word, it is a suit to recover for the breach of an alleged…
2Cases cited7 opinions
- Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
- Gold-Washing and Water Co. v. KeyesSupreme Court of the United States · 1878
- Starin v. New YorkSupreme Court of the United States · 1885
- New Orleans v. BenjaminSupreme Court of the United States · 1894
- Shreveport v. ColeSupreme Court of the United States · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Arkansas-Missouri Power Co. v. City of Kennett, Mo.Court of Appeals for the Eighth Circuit · 1935
- American Nat. Bank v. National Wall-Paper Co.Court of Appeals for the Eighth Circuit · 1896
- Joy v. City of St. LouisU.S. Circuit Court for the District of Eastern Missouri · 1903
- Montana Ore-Purchasing Co. v. Boston & M. Consol. Copper & Silver Min. Co.Court of Appeals for the Ninth Circuit · 1899
- Riverside & A. Ry. Co. v. City of RiversideU.S. Circuit Court for the District of Southern California · 1902
7 more not listed; retrieve them via the Exa API.