Milne v. Capital City Gas Co.

Plaintiff-appellant brought a petition for declaratory judgment to have gas service restored to his residence. The court ordered defendant to install a “twenty-five cents meter.” The defendant complied with the order. It then filed a motion to dismiss the petition on the ground that plaintiff had a good and sufficient remedy at law.

On hearing, the petitioner requested the court to allow defendant’s motion to dismiss. Subsequently, the court, as requested by the plaintiff, ordered his petition for declaratory judgment dismissed. The case is here on plaintiff’s appeal from this order.

The…