City of Olathe v. Missouri & Kansas Interurban Railway Co.

The opinion of the court was delivered by

Mason, J.:

This is an original proceeding in quo warranto, brought by the city of Olathe against the Missouri. and Kansas Interurban Railway Company, seeking to forfeit the rights granted by ordinance to that corporation to operate its road in certain streets of the city. The defendant has filed a demurrer and a motion to dismiss, based upon these three contentions: (1) The controversy indicated by the petition relates to a mere matter of contractual rights between the city and the company, and is not triable in quo warranto proceedings. (2) The city is…