Board of Public Works of Denver v. Denver Telephone Co.

Appellee as assignee of an alleged franchise to erect and maintain a telephone and telegraph system in the streets and alleys of the city of Denver, applied to appellants for S, permit to excavate an alley for laying telephone wires therein; being refused it brought mandamus against appellants. The district court granted a peremptory writ; from this ruling the case came here on appeal. At instance of appellants the case was transferred to the supreme court; from there it was remanded for want of jurisdiction.

Appellants contend as ground for reversal, illegality, for various reasons, of the…