Mobile Electric Co. v. City of Mobile
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. .Grayson, Judge. Bill by the City of Mobile against the Mobile Electric Company to enjoin respondent, its officers, employés, etc., first, from establishing and adopting a schedule of rates for currency supplied the city of Mobile and from charging the general customers of respondent ■in the city of Mobile for electric current an amount in excess of the rate specified in the contract of December 31, 1906, as amended, and…
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Appeal from Circuit Court, Mobile County; Claude A. .Grayson, Judge. Bill by the City of Mobile against the Mobile Electric Company to enjoin respondent, its officers, employés, etc., first, from establishing and adopting a schedule of rates for currency supplied the city of Mobile and from charging the general customers of respondent ■in the city of Mobile for electric current an amount in excess of the rate specified in the contract of December 31, 1906, as amended, and from cutting off current from those who failed to pay the amount in excess of the rates specified. From a decree…
1Opinion of the CourtAnderson, C. J.
While the city of Mobile had the authority, under its charter powers, given by the Act of 1900-01, p. 2342, to contract with the respondent corporation for supplying lights for public purposes, it may be conceded that it had no authority thereunder to contract for supplying lights to the citizens and that the part of the contract as dealt with supplying lights to the citizens was ultra vires the municipality and void. The original contract however, was modified, and executed as changed or modified after the enactment of section 1260 of the Code of 1907, and the new or modified contract was…
2Cases cited19 opinions
- Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
- Oregon Steam Navigation Co. v. WinsorSupreme Court of the United States · 1874
- Freeport Water Co. v. Freeport CitySupreme Court of the United States · 1901
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- Shriner v. CraftSupreme Court of Alabama · 1910
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Crawford v. CarlisleSupreme Court of Alabama · 1921
- Newberry v. City of AndalusiaSupreme Court of Alabama · 1952
- Phenix City v. Alabama Power Co.Supreme Court of Alabama · 1940
- Hutchinson Gas & Fuel Co. v. Wichita Natural Gas Co.Court of Appeals for the Eighth Circuit · 1920
- Mobile Gas Co. v. PattersonDistrict Court, M.D. Alabama · 1923
22 more not listed; retrieve them via the Exa API.