Nebraska Telephone Co. v. State ex rel. Yeiser
Nebraska Supreme Court
Error from tbe district court of Douglas county. Tried below before Scott, J. The opinion contains a statement of the case. The alternative writ contained no averment that the relator had applied to the board of transportation and exhausted the remedy there. The remedy by mandamus cannot be invoked where relator has another remedy.
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Error from tbe district court of Douglas county. Tried below before Scott, J. The opinion contains a statement of the case. The alternative writ contained no averment that the relator had applied to the board of transportation and exhausted the remedy there. The remedy by mandamus cannot be invoked where relator has another remedy. (State v. ■Fremont, E. & M. V. R. Go., 22 Neb. 313; State v. Fremont, E. & M. V. R. Do., 23 Neb. 117; State v. Chicago, St. P. M. & 0. R. Go., 19 Neb. 482; Stale v. Republican Talley R. Co., 17 Neb. 647; Northern P. R. Co. v. Washington Territory, 142 U. S. 492.)…
1Opinion of the Court
Bagan, C.
The Nebraska Telephone Company is a corporation organized and existing under the laws of the state, having its principal office and place of business in the city of Omaha, and owns and operates a telephone plant in that city. John O. Yeiser is by profession a lawyer and a citizen of said city of Omaha. Yeiser desired a telephone placed in his law office for his own use and requested the telephone company to furnish him an instrument properly connected, and afford him telephonic service. The telephone company refused to comply with this request unless Yeiser would pay it for such…
2Cases cited8 opinions
- American Water-Works Co. v. State ex rel. WalkerNebraska Supreme Court · 1895
- State ex rel. Board of Transportation v. Fremont, Elkhorn & Valley R. R.Nebraska Supreme Court · 1887
- State ex rel. Webster v. Nebraska Telephone Co.Nebraska Supreme Court · 1885
- Louisville & New Albany Railroad v. State ex rel. McCartyIndiana Supreme Court · 1865
- State ex rel. Wolff v. Board of SupervisorsWisconsin Supreme Court · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- City of Detroit v. Michigan Public Utilities CommissionMichigan Supreme Court · 1939
- Leavitt v. Lassen Irrigation Co.California Supreme Court · 1909
- State ex inf. Barker v. Kansas City Gas Co.Supreme Court of Missouri · 1914
24 more not listed; retrieve them via the Exa API.