State Ex Rel City of Jasper v. Gulf States Utilities Co.

Mr. Judge Taylor,

of the Commission of Appeals, delivered the opinion for the Court.

The state, ex rel city of Jasper, sued Gulf States Utilities Company in a quo warranto proceeding to enjoin the company from further using the streets and alleys of the city for the purpose of conducting therein its public utility business of selling electric current; and sought, by way of ancillary relief, a mandatory injunction to enforce removal of the company’s property from the city’s streets and alleys.

Petitioner alleged that in February, 1944, the city council enacted an ordinance declaring further use…