Summary
In Clay Center v. Light Co., 78 Kan. 390, 97 P. 377, the statutory authority of a city to grant a franchise to an electric utility was considered by the court but no question was raised as to the amount to be paid for purchase of the plant.
Summary of this case from City of Kiowa v. Central Telephone Utilities Corp.Opinion
No. 630.
Motion to dismiss. — Submitted January 4, 1909. Decided January 11, 1909.
Writ of error to review a judgment of the state court dismissed. The Federal question was raised for the first time on petition for rehearing in the Supreme Court of the State, and that court declined to pass on it as having come too late.
Mr. A.E. Crane, Mr. F.B. Dawes, Mr. C.P. Rutherford and Mr. R.C. Miller, for defendant in error in support of motion to dismiss.
Mr. C.C. Coleman and Mr. Frank L. Williams for plaintiff in error.
Writ of error dismissed for want of jurisdiction. Oxley Stave Co. v. Butler County, 166 U.S. 648; Capital National Bank of Lincoln v. First National Bank of Cadiz, 172 U.S. 425; Mutual Life Insurance Company v. McGrew, 188 U.S. 291, 308; White v. Bird, 45 Kan. 759.