City of Emporia v. Emporia Telephone Co.

The opinion of the court was delivered by

West, J.:

This case comes up on an attempted appeal from an alleged temporary injunction and on motion to dismiss such appeal. To reach understanding^ the present condition of the litigation a brief resume is necessary. In January, 1911, the.city sued the telephone company to enjoin it from putting into effect rates higher than those specified in an ordinance of June 19, 1900. The telephone company pleaded an ordinance of July 19, 1910, permitting higher charges on compliance with certain conditions and alleging such compliance. The city replied,…