City of Council Grove v. Kansas Electric Power Co.

The opinion of the court was delivered by

Smith, J.:

This is an original action in quo warranto brought by the city of Council Grove to inquire into the right of the Kansas Electric Power Company to a franchise to supply the city with light and power. The question is before the court now on a motion to dismiss on the ground that a former action fully adjudicated all points raised in this case.

The facts are simple. Council Grove is a city of the second class. It has the commission form of government. On August 15, 1922, the board of commissioners passed ordinance No. 233 granting defendant a…