Griffith v. Vicksburg Water Works Co.

Citations

• 88 Miss. 371
• 40 So. 1011

Syllabus

<p>1. State and Federal Courts. Conflict of jurisdiction. Injunction.</p> <p>It is improper for a state court to issue an injunction touching a subject matter involved in a suit pending in a federal court of competent jurisdiction.</p> <p>2. Action by Municipality. Bar to action by citizens as such.</p> <p>A municipal corporation represents its citizens in litigation in respect to matters of general interest as to which all citizens and taxpayers have a common and similar interest, and hence, where a city is a party to a litigation in a federal court of competent jurisdiction, the filing of a bill in a state court by citizens of the city, involving the same matter, is improper. »</p> <p>S. Waters. Public supply. Ordinance fixing maxvmum rate.</p> <p>. Where a water company accepts an ordinance by which a maximum rate for water furnished to a city and its inhabitants is fixed, rates fixed by the company not in excess of the maximum- are binding on consumers.</p> <p>4. Injunction. Construction of order.</p> <p>A fiat running, “You are directed to issue an injunction, addressed to defendant, . . . waterworks company, requiring it to refrain from cutting off the water or water connections between its water plant in the city of . . . and the houses of the complainants named in the foregoing bill until the amount owing by said complainants respectively to said waterworks company shall be ascertained and determined by the court and a reasonable opportunity given them to pay the same,” was- not one against discrimination in water rates.</p> <p>5. Same. Dissolution. Grounds.'</p> <p>By virtue of an ordinance contract defendant water company was given the right to fix rates for water furnished a city and its inhabitants within a maximum sum. Subsequently another ordinance was adopted disclaiming liability under the ordinance contract and fixing water rates. While proceedings- in a federal court having jurisdiction were pending, seeking to enjoin the city from nullifying the o