Defiance Water Co. v. City of Defiance
Ohio Supreme Court
Error to the Circuit Court of Defiance County. This suit was brought on January 4, 1898, by the City Solicitor of the City of Defiance in the name of the city under Section 1777, of Revised Statutes, against the council of the city.
Read the full summary
Error to the Circuit Court of Defiance County. This suit was brought on January 4, 1898, by the City Solicitor of the City of Defiance in the name of the city under Section 1777, of Revised Statutes, against the council of the city. The plaintiff seeks to enjoin the council from paying the plaintiff in error, The Defiance Water Go., the sum of $3,142.50, which it alleges is claimed by the water company from the city “for water furnished said city during the latter half of the year 1897.” It is alleged that the water company claimed that staid sum was due to it in accordance .-with the…
1Opinion of the Court
There are several very interesting legal propositions propounded and 'defended in this case; but we think that one point in the case is decisive, rendering it unnecessary to. consider any of the others. If it' 'be true that the contract between the defendant in error and Samuel R. Bullock & Co, to whose rights thereunder the plaintiff in error succeeded, was invalid fox 'any of the reasons assigned, it is clear that a cause of action to restrain its performance accrued as soon 'as the parties attempted to enter into it and to act upon it, that is, upon August 17, 1887. An action for relief of…
2Cases cited2 opinions
- Bissell v. CouchaineOhio Supreme Court · 1846
- Holliday v. Franklin BankOhio Supreme Court · 1847
3Cited by6 opinions
- Baxter, Trustee v. Village of ManchesterOhio Court of Appeals · 1940
- Dehmer v. CampbellOhio Supreme Court · 1933
- City of Defiance v. McGonigaleCourt of Appeals for the Sixth Circuit · 1907
- McGonigale v. City of DefianceU.S. Circuit Court for the District of Northern Ohio · 1905
- City of Defiance v. McGonigaleCourt of Appeals for the Sixth Circuit · 1907
1 more not listed; retrieve them via the Exa API.