City Council of Montgomery v. Capital City Water Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Heard before the Hon. Thomas M. Arrington. This appeal is prosecuted from a decree of a judge of the City Court denying to the appellant corporation a writ of mandamus to compel the appellee to remove and lower its pipes on certain streets in the city of Montgomery.
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Appeal from the City Court of Montgomery. Heard before the Hon. Thomas M. Arrington. This appeal is prosecuted from a decree of a judge of the City Court denying to the appellant corporation a writ of mandamus to compel the appellee to remove and lower its pipes on certain streets in the city of Montgomery. On the hearing of the evidence as introduced, the judge of the City Court denied the application for mandamus, on the ground that the petitioner, having supervised and directed the laying of the pipíes, by and through its consulting engineer, did not offer to pay the expense of removing…
1Opinion of the CourtOlopton, J.
The City Council of Montgomery applied to the City Court to grant a mandamus, compielling the Capital City Water Company to remove its piipies where they piass through the public sewer on each side of a public street. The pietition shows that the water company is a corporation created and organized under the laws of this State, and engaged in the business of supplying water to the city and its inhabitants. It alleges,.as the ground on which the mandamus is asked, that the pipíes laid in certain streets, which piass through two sewers, one on the east, and the other on the west side of North…
2Cases cited4 opinions
- Birdsall v. . ClarkNew York Court of Appeals · 1878
- Mayor of Baltimore v. ScharfCourt of Appeals of Maryland · 1880
- Alton & Upper Alton Horse Railway & Carrying Co. v. DeitzIllinois Supreme Court · 1869
- Spahr v. DicksonIndiana Supreme Court · 1879
3Cited by4 opinions
- Mckeon v. City of PortlandOregon Supreme Court · 1912
- Bartlesville Water Co. v. City of BartlesvilleSupreme Court of Oklahoma · 1915
- State ex rel. City of Gadsden v. Alabama City, Gadsden & Attalla Ry. Co.Supreme Court of Alabama · 1911
- Frazier-Davis Const. Co., Inc. v. City of BirminghamCourt of Appeals for the Fifth Circuit · 1953