City and County of Denver v. New York Trust Co.

Citations

• 229 U.S. 123
• 33 S. Ct. 657
• 57 L. Ed. 1101
• 1913 U.S. LEXIS 2428

Syllabus

<p>The exceptional power of this court to review, upon certiorari, decisions of the Circuit Court of Appeals on an appeal from an interlocutory order is intended to be, and is, sparingly exercised; that power does exist, however, in a case where no appeal lies from the final decision of that court.</p> <p>While the jurisdiction of the. Circuit Court in a case where diverse citizenship exists may also rest upon the fact that the case is one arising under the Constitution of the United States, in which case there is an appeal from the judgment of the Circuit Court of Appeals, that is not the case where the alleged infractions of the Constitution are without color of merit, or are anticipatory -of defendant’s defense.</p> <p>A suit to enforce a contract between a municipality and a water company for the purchase, as is claimed, by the former of the water plant of the latter and to enjoin the city from constructing another plant, is not without more a case arising ‘under the Constitution of • the United States. In such a case the decision of the Circuit Court of Appeals is final and the writ of certiorari may be exercised.</p> <p>On a review of an order of the Circuit Court of Appeals granting an injunction in an equity case, this court is not confined to considering the act of granting the injunction, but if it determines ’that there is any insuperable objection to maintaining the bill it may direct a final decree dismissing it. •</p> <p>The various ordinances of the City of Denver, Colorado, granting and relating to the franchise to the Denver Union Water Company considered and construed; and held that they did not require the city at the expiration of twenty years to exercise either the- option to renew or the option to .purchase reserved in the franchise ordinance, nor did they preclude ihe city from erecting its own plant.</p> <p>Where a municipal ordinance grants a franchise to such extent as the city may lawfully grant it, the term is not in doubt, if the city ch