State Ex Rel. Sweeney v. Public Service Co.

This action was brought under our common informer statutes (sections 5964, 5985, O. S. 1931) to recover the penalty therein provided. The trial court sustained demurrers to the petition and the plaintiff appeals.

Reduced to its simplest statement, the payment of money or transfer of property which was alleged, consisted of the passage of an ordinance which had the effect of reducing the amount of compensation payable by a public utility company to the city, during the remainder of its franchise, below the amount prescribed in the city charter for franchises of that kind. There was no payment…