State Ex Rel. Commons v. Consumers Gas Co.

DIFFENDAFFER, C.

This is an action brought by the plaintiff in error, hereinafter referred to as plaintiff, against the defend-’ ant in error, herein’ after referred to as defendant, to cancel oí- have declared invalid an alleged franchise granting defendant the right to use the streets, avenues, alleys, and other public grounds in the city of Miami, Olda., for the distribution of gas to said city and its inhabitants.

By the amended petition of plaintiff, two grounds or reasons are set forth for the cancellation or annulment of the franchise. Defendant demurred to the amended petition on the…