State Upon the Information of McKittrick v. Missouri Utilities Co.

HAYS, J.'

This is an information in the nature of quo warranto, filed by the Attorney General at the relation of the eity of California, by which it is sought to oust the respondent from the use of the streets, allejrs, and public places of said city for the maintenance of its electric light and power lines and equipment. The return sets up defenses of equitable estoppel, lack of jurisdiction of this court to enforce the ouster, deprivation of respondent’s property without due process, and a defense in the nature of a plea in abatement on the ground that there is another action, involving…