State ex inf. Barker v. Kansas City Gas Co.
Supreme Court of Missouri
Mandamus. (1) Respondent’s assignors accepted the franchise and entered upon the performance of the duties imposed thereby, and respondent’s assignors and respondent became obligated to supply all the natural gas required by relator and its inhabitants. This duty is specific, absolute- and unconditional and its performance can he compelled by mandamus. Gas Co. v. State ex reí, 135 Ind. 54; Gas Co. v. Anthony, 26 Ind. App. 321; 2 Morawetz on Priv.
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Mandamus. (1) Respondent’s assignors accepted the franchise and entered upon the performance of the duties imposed thereby, and respondent’s assignors and respondent became obligated to supply all the natural gas required by relator and its inhabitants. This duty is specific, absolute- and unconditional and its performance can he compelled by mandamus. Gas Co. v. State ex reí, 135 Ind. 54; Gas Co. v. Anthony, 26 Ind. App. 321; 2 Morawetz on Priv. Corp., sec. 1129; 2 Beach on Priv. Corp., sec. 835; Olmsfead v. Aqueduct, 47 N. J. L. 311; Norman v. Gas Co., 52 Mich. 499; Gas Co. v. Lowe, 52 W.…
1Opinion of the CourtLamm, C. J.
Mandmnus—Original proceeding.— To our alternative writ respondent made return and to that return relator’s reply came in. There is pending an application by relator for the appointment of a commissioner to take evidence and make findings of fact .and law. There are also pending respondent’s motion to quash the alternative writ and for judgment on the *527pleadings and admitted facts, as well as relator’s motion to strike ont tire latter motion and in aid of the application to appoint a commissioner.
I. Of the motion to strike out. Respondent’s return, in some material features, contains the same…
2Cases cited9 opinions
- State ex rel. Webster v. Superior CourtWashington Supreme Court · 1912
- State ex rel. Ellis v. Atlantic Coast Line RailroadSupreme Court of Florida · 1907
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- Nebraska Telephone Co. v. State ex rel. YeiserNebraska Supreme Court · 1898
- State ex rel. Bartley v. FletcherSupreme Court of Missouri · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- May Department Stores Co. v. Union E.L. P. Co.Supreme Court of Missouri · 1937
- City of Chicago v. Federal Power CommissionCourt of Appeals for the D.C. Circuit · 1967
- State Ex Rel. Phillip v. Public School Retirement SystemSupreme Court of Missouri · 1953
- Norval v. WhitesellSupreme Court of Missouri · 1980
- State Ex Rel. Cirese v. RidgeSupreme Court of Missouri · 1940
41 more not listed; retrieve them via the Exa API.