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· 2/6/1915

Baxter Telephone Co. v. Cherokee County Mutual Telephone Ass'n

Citations

  • 94 Kan. 159
  • 146 P. 324
  • 1915 Kan. LEXIS 62

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Telephone Company — Illegal Assumption of Privilege — Can Only be Challenged by the State. The assumption of a privilege not granted by state authority ordinarily can only be challenged by the state itself in a suit brought by its proper representatives.</p> <p>2. Same — Injunction Not Maintainable by Rival Company. A telephone company has not that peculiar interest in the establishment of a second telephone company in a competitive field, as distinguished from the general public, so as to authorize it to maintain an injunction suit against its rival because that rival does not hold a license from the public utilities commission under section 31 of chapter 238 of the Laws of 1911.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • determining whether the CRCNA had “the presbyterial form of government, as contradistinguished from [the] congregational form of government”
  • examining a local church’s incorporation act and concluding that the act required “conformity to the faith and constitution or form of government as adopted by the” denomination

Source: CourtListener parenthetical corpus (CC0).

Judges: Dawson

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