State Ex Rel. Fatzer v. Sinclair Pipe Line Co.

Price, J.,

specially concurring: Looking through form to substance, it is my opinion that the relief actually sought in this case is injunctive in nature, over which this court has no original jurisdiction. For that reason I would dismiss the action under the rule *440stated in Collins v. York, 175 Kan. 511, 265 P. 2d 313, and authorities cited therein.

If, however, the court does have jurisdiction of the action, I am in agreement that judgment should be for defendants.