Missouri Power & Light Co. v. Lewis County Rural Electric Cooperative Ass'n

On Motion for. Rehearing.

HUGHES, P. J.

The demurrer to plaintiff’s petition which was sustained by the circuit court was, as we stated in our opinion, a general demurrer alleging that the petition did not state facts sufficient to constitute action. Appellant now contends for the first time that such demurrer was not sufficient to reach respondent’s claim that inasmuch as the petition alleged that respondent was subject to the Missouri Public Service Commission Law, and such fact being admitted by the demurrer, therefore the petition on its face shows that appellant has an adequate remedy at…