Joseph McKenna

“ Manifestly the only purpose of this appeal is to obtain a final judgment in this court to enable appellant to take a further appeal, if it should desire to do so.
'Adhering, as we do, to the reasoning and conclusions announced in Danville v. Danville Water Co. 178 Ill. 299, 53 N. E. 118, and Same v. Same, 180 Ill. 235, 54 N. E. 224, on the authority of these cases this judgment will be affirmed.'
The chief justice of the state allowed this writ of error. ”

“ The plaintiff is a private corporation, and the defendant is a municipal corporation organized and existing under the general laws of the state. The action was brought by the plaintiff to recover the sum of $5,000, alleged to be due for the rental of certain fire hydrants.
The cause of action relied on is based on an ordinance passed on the 9th of November, 1882, by the defendant, granting the plaintiff the privilege of constructing and maintaining waterworks for supplying the city of Danville, Illinois, with water. ”

“ The rental of fire hydrants was reduced for the first 140 to a uniform rate of $50 per annum; for all others then rented and others which should be rented, $40 per annum. For certain uses of water which had been theretofore furnished free by the plaintiff a rate was fixed, to be paid by the city. Provision was made for the appearance by the city attorney if the plaintiff should desire to apply to the circuit court of the county for a review of the rates. ”