Rea v. Montgomery Home Telephone Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for peremptory mandamus brought by the appellee against the appellant and another defendant, to compel the appellant and its codefendant to furnish to appellee a telephone and telephone service in his dwelling house in the city of Independence, Kan., and to furnish him with the same telephone service and upon the same terms as it was giving, such service to the general public in the city, and also for the recovery of damages. The petition was verified by the appellee but no summons was issued in the action. A notice with a…