Wiemer v. Louisville Water Co.
U.S. Circuit Court for the District of Western Kentucky
In Equity. On demurrer to bill. The bill of complaint is as follows: To the Honorable the Judges of the Circuit Court of the United States in and for the Sixth Circuit and Western District of Kentucky: Robert Wiemer, of the city of New Albany, and a citizen of the state of Indiana, brings this, his bill, against the Louisville Water Company, a body corporate, organized and existing at and during all the times hereinafter mentioned under the laws of the state of Kentucky,…
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In Equity. On demurrer to bill. The bill of complaint is as follows: To the Honorable the Judges of the Circuit Court of the United States in and for the Sixth Circuit and Western District of Kentucky: Robert Wiemer, of the city of New Albany, and a citizen of the state of Indiana, brings this, his bill, against the Louisville Water Company, a body corporate, organized and existing at and during all the times hereinafter mentioned under the laws of the state of Kentucky, having its chief office and place of business in the city of Louisville, and is a citizen of the state of Kentucky, and…
1Opinion of the Court
EVANS, District Judge.
The defendant has demurred to the bill of complaint, and for cause of demurrer insists that complainant’s remedy at law is plain, adequate, and complete. In support of the demurrer it is urged that the writ of mandamus is the appropriate legal remedy as against the defendant, and that the right of the complainant to the remedy on the case made by the bill is plain and manifest; but the court is clearly of opinion that it must be ruled otherwise under section 716, Rev. St. U. S. [U. S. Comp. St. 1901, p. 580], as construed by the Supreme Court in the case of Rosenbaum v.…
2Cases cited4 opinions
- Rosenbaum v. BauerSupreme Court of the United States · 1887
- Springfield Milling Co. v. Barnard & Leas Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
- Louisville Water Co. v. HamiltonCourt of Appeals of Kentucky · 1883
- Dow v. BerryU.S. Circuit Court for the District of Eastern Wisconsin · 1883
3Cited by1 opinion
- Farwell v. Colonial Trust Co.Court of Appeals for the Eighth Circuit · 1906