City of Denison v. Municipal Gas Co.

This suit was instituted by appellant, the city of Denison, to restrain appellee by injunction from collecting from patrons within the corporate limits of Deni-son a fixed monthly charge, designated as a “ready to -serve” charge, for fuel gas in addition to the charge for gas consumed.

A temporary injunction having been granted upon presentation of the petition, appel-lee filed a motion to dissolve and made it appear that the charge .complained of had been duly authorized by the Railroad Commission of Texas, and that, accordingly, the asserted right which appellant was undertaking to prevent…