90 Iowa 67 | Iowa | 1894
Lead Opinion
I. The appellee presented a motion to strike from the files an amendment to the-assignment of errors. It is unnecessary to determine-the question presented by the motion, for the reason that we do not find it essential to consider the amendment of the assignment of errors. In our opinion, the rights of the parties may-be determined upon the errors originally assigned, and of the sufficiency of which there is no question. .
II. Another motion of appellee was submitted with the case, in which it is sought to strike out the evidence from the abstract because it was not preserved by a bill of exceptions. This motion is not well taken. An examination of the whole record shows that it is not. defective in the respect claimed. We need not discuss the question.
III. A statement of facts appears to be necessary to a clear presentation of the grounds upon which we-base our decision in the case. It appears that at some time prior to the year 1890 there was an electric light, company in the city of Keokuk known as the Badger Electric-Light Company. Its plant was sold at sheriff’s sale on the twelfth day of December, 1890. There was-another Keokuk company known as the G-ate City Electric-Light Company. It had leased the property of the Badger Company, and on the seventeenth day of October, 1890, a written contract was entered into-between the city and the Gate City Company by which the said company bound itself to furnish to 'the city one hundred and twenty-five arc lights for the period of five years. Sixty of said lights were to be put in oper
IY. It is a conceded fact that no vote of the people of the city of Keokuk -was at any time taken upon the question of the establishment of an electric light plant by the Cate City Company nor by the Badger Company. It was held by this coui’t, in the case of Hanson v. Hunter, 86 Iowa, 722, 48 N. W. Rep. 1005, that an ordinance of a city granting a franchise to erect an
Dissenting Opinion
I dissent from the conclusion reached by the majority of the court, nor can I agree to the-doctrine announced in Hanson v. Hunter, 48 N. W. Rep. (Iowa) 1005, and 53 N. W. Rep. 84. The judgment below should be affirmed.