Mercantile Trust & Deposit Co. v. Columbus Waterworks Co.
U.S. Circuit Court for the Northern District of Georgia
In Equity. On motion for preliminary injunction. On July 30, 1903, the Mercantile Trust & Deposit Company of Baltimore filed a bill in the Circuit Court against the. city of Columbus.
Read the full summary
In Equity. On motion for preliminary injunction. On July 30, 1903, the Mercantile Trust & Deposit Company of Baltimore filed a bill in the Circuit Court against the. city of Columbus. L. H. Chappell, mayor of said city, and the board of aldermen thereof, for the purpose of enjoining the city from constructing a waterworks system, and from disposing of an issue of $250,000 of municipal bonds authorized to be issued for that purpose under an ordinance of said city adopted September 14, 1902, and ratified by a vote of the qualified voters of the city at an election held on the 4th of December,…
1Opinion of the Court
NEWMAN, District Judge.
The present hearing of this case is on an application for injunction pendente lite. The matter has been fully and ably argued by counsel for the respective parties, and submitted.
The case should first be considered upon the legal questions involved. The most important of these questions is as to whether the contract between the city and.the waterworks company created an indebtedness in violation of the Constitution of the state of Georgia, and in determining this, whether this court will follow the decisions of the Supreme Court of the state, or those of the Supreme…
2Cases cited16 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Louisville Gas Co. v. Citizens' Gas Co.Supreme Court of the United States · 1885
- St. Tammany Water Works v. New Orleans Water WorksSupreme Court of the United States · 1887
- Wells v. Mayor of AtlantaSupreme Court of Georgia · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Mercantile Trust & Deposit Co. of Baltimore v. City of ColumbusDistrict Court, N.D. Georgia · 1908