Des Moines v. Des Moines City Ry. Co.
214 U.S. 179 (1909)

Annotate this Case

U.S. Supreme Court

Des Moines v. Des Moines City Ry. Co., 214 U.S. 179 (1909)

Des Moines v. Des Moines City Railway Company

No. 171

Argued April 21, 22, 1909

Decided May 17, 1909

214 U.S. 179

Syllabus

A resolution of a municipal council directing a street railway company to remove and replace tracks and wire, and, in case of failure to comply, instructing the City Solicitor to take such action as he deems advisable to enforce the resolution, amounts only to direction to bring a suit, and, even if contract rights should be violated if the resolution were enforced, the resolution does not of itself amount to an ordinance or law impairing the obligation of contract, and the circuit court has no jurisdiction of a suit to enjoin its enforcement.

The facts are stated in the opinion.

Page 214 U. S. 183

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