103 Kan. 473 | Kan. | 1918
The opinion of the court was delivered by
The Kansas City Eailway Company, a corporation operating street-car lines in Kansas City, Kan., on May 20, 1918, made application to the state public utilities commission for leave to increase its rate for passengers between points therein to six cents a fare, the present charge being five cents. On June 18 the city brought an action in the district" court of
While the present case was pending in the trial court the. utilities commission applied to this court for a writ of mandamus commanding the dismissal of the action on the ground that the district court had no jurisdiction thereof and no right to grant the relief there asked. This was an attempt to find a short cut to a final decision quite similar to that of the plaintiff in this proceeding, and governed by the same principle. An erroneous ruling by the district court in a case of which it has, or under any state of fact may have, jurisdiction, however fundamental in -its nature, cannot be corrected by mandamus, the sole remedy being by an appeal in the method provided by statute.
These considerations require that the cause be remanded with directions that the temporary injunction be dissolved and
The judgment is reversed and the cause remanded with directions to dissolve the temporary injunction and sustain the demurrer to the petition.