City of Kankakee v. American Water Supply Co.
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the’United States for the Eastern District of Illinois. Suit by the American Wafer Supply Company against the City of Kankakee. From an order granting an injunction pendente lite, defendant appeals.
1Opinion of the Court
BAKER, Circuit Judge.
Three reasons are advanced why the pendente lite injunctionál order in this suit by the Water Company to restrain thé city from enforcing its water rates ordinance of March 20, 1911, is erroneous.
*759[11 I- Because a judicial inquiry could not be entertained until the Water Company had first exhausted its remedy of legislative review in the circuit court of the county.
Section 2671, c. 24, Hurd’s 111. R. S., after authorizing city councils to fix by ordinance maximum water rates, provides:
“And in caso the corporate authorities of any such city, town or village shall fix…
2Cases cited2 opinions
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Freeport Water Co. v. Freeport CitySupreme Court of the United States · 1901
3Cited by4 opinions
- City of Amarillo v. Southwestern Telegraph & Telephone Co.Court of Appeals for the Fifth Circuit · 1918
- Caron Corp. v. Maison Jeurelle-Seventeen, Inc.District Court, S.D. New York · 1938
- Ft. Smith Light & Traction Co. v. City of Ft. SmithDistrict Court, W.D. Arkansas · 1912
- Semidey v. IzquierdoDistrict Court, D. Puerto Rico · 1917