City of Gadsden v. Mitchell
Supreme Court of Alabama
Appeal, front Etowah 'Chancery Court. ■. ,■ Heard before Hon! W. W. Whtteside. R. A. Mitchell and associafes filed-their hill-for mandatory injunction to require the proper authorities of the city of Gqdsden t.o point o,at and .designate such streets in the said city of Gadsden as it was. desired that water mains and hydrants be laid in. . The bill sets up the contract which is fully set out in.a former report of this case (Weller v. Gity of Gadsden, et cd., 141 Ala. 642)…
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Appeal, front Etowah 'Chancery Court. ■. ,■ Heard before Hon! W. W. Whtteside. R. A. Mitchell and associafes filed-their hill-for mandatory injunction to require the proper authorities of the city of Gqdsden t.o point o,at and .designate such streets in the said city of Gadsden as it was. desired that water mains and hydrants be laid in. . The bill sets up the contract which is fully set out in.a former report of this case (Weller v. Gity of Gadsden, et cd., 141 Ala. 642) and reference is here1 made to the facts and opinion in that case for the proper understanding of'the opinion in this…
1Opinion of the CourtSimpson, J.
This'is an appeal from a decree overriding a motion to dismiss the bill for want of equity and demurrers to the-same. In 1902 the appellant (defendant below), passed the ordinance and entered into the contract shown in the record, whereby certain rights were granted to appellee (complainant) and said complainant undertook and promised to build a system of water works for defendant, with stipulation,? as shown, and agreements on the pai’t of defendant to pay for certain service to he given to the city. On June 1,1903, defendant passed an ordinance by which it undertook to repeal the first…
2Cases cited14 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- New Orleans Water-Works Co. v. RiversSupreme Court of the United States · 1885
- Louisville Gas Co. v. Citizens' Gas Co.Supreme Court of the United States · 1885
- Western Saving Fund Society v. City of PhiladelphiaSupreme Court of Pennsylvania · 1858
- City of Indianapolis v. Indianapolis Gas-Light & Coke Co.Indiana Supreme Court · 1879
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- New Mexico Products Co. v. New Mexico Power Co.New Mexico Supreme Court · 1937
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- Phenix City v. Alabama Power Co.Supreme Court of Alabama · 1940
- Alabama Water Co. v. City of AttallaSupreme Court of Alabama · 1924
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