City of Parsons v. Parsons Water Supply & Power Co.

Citations

• 104 Kan. 294
• 178 P. 438
• 1919 Kan. LEXIS 250

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Public Utility — Appointment of Receiver — An Ancillary Remedy. With few exceptions, the appointment of a receiver is an ancillary remedy which can only be obtained in an action in which other substantial equitable relief is sought, and such appointment is not made when that is the ultimate object of the action.</p> <p>2. Same — Petition—Not an Action for Specific Performance. Plaintiff’s petition herein examined, and it is held that it cannot be regarded as a demand for specific performance of a contract, or for any relief other than the appointment of a receiver.</p> <p>3. Same — Jurisdiction of Public Utilities Commission. A city which complains that a public utility has failed to furnish efficient and sufficient service, and has failed to make improvements and provide the facilities necessary to the performance of the duties and contract obligations of the utility to the city and its inhabitants, should invoke the relief provided by the public-utilities act before resorting to the courts for relief.</p>