State v. Independence Gas Co.

Citations

• 102 Kan. 712
• 172 P. 713
• 1918 Kan. LEXIS 126

Syllabus

<p>SYLLABUS BY THÉ COURT.</p> <p>1. Quo Warranto — Action Dismissed — No Appeal within Six Months. When an action is dismissed as to certain defendants, all orders which were made prior to the order of dimissal, and of which complaint is made by those defendants, must be appealed from within six months after the order of dismissal is made.</p> <p>2. Same — Regulation of Rates of Natural Gas Companies — State Courts No Jurisdiction to Change Legal Rates. The courts of this state have no jurisdiction to appoint receivers for the purpose of regulating the rates of public-service corporations, and neither the courts nor the receivers of such corporations have jurisdiction to change legal rates without the consent of the public utilities commission; but when the legal rates charged by the receiver of a public-service corporation have been enjoined by 'a court of competent jurisdiction, the receiver may put into effect rates to be charged until the commission establishes a new rate.</p> <p>3. SaMe — Issues Disposed of by Stipulation. An appeal may be dismissed when it appears that all the orders from which the appeal is taken were made under a stipulation signed by the party appealing.</p> <p>4. Same — Appeal Dismissed. An appeal may be dismissed when this court cannot make any order that will affect the rights of the parties thereto.</p>