State ex rel. Lemke v. Chicago & Northwestern Railway Co.
North Dakota Supreme Court
Original application for writ of injunction. Statement by Birdzelu, J. This is an original application for an alternative writ of injunction restraining the respondent railway companies from continuing to charge rates and fares according to schedules filed under a pux’ported order of the Board of Railroad Commissioners.
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Original application for writ of injunction. Statement by Birdzelu, J. This is an original application for an alternative writ of injunction restraining the respondent railway companies from continuing to charge rates and fares according to schedules filed under a pux’ported order of the Board of Railroad Commissioners. Upon presentation of the application an order was issued out of this court, requiring the defendants to show cause why they should not be permanently _enjoined from charging any increase in intrastate passenger or freight rates, and from further contixxuing to charge the…
1Opinion of the CourtBirdzell, J.
We have set forth the facts as stated in the affidavits somewhat fully for the reason that they have a direct bearing upon the validity of the order complained of. It' was conceded upon the argument that this is the decisive question in the case. Was there, or was there not, an order of the Board of Railroad Commissioners authorizing the increases complained of? In our view of the case the *321validity of the purported order does not depend upon the existence of any facts that might be more or loss controverted in the affidavits referred to in the foregoing statement. It seems, on the contrary,…
2Cases cited2 opinions
- Washington Ex Rel. Oregon Railroad & Navigation Co. v. FairchildSupreme Court of the United States · 1912
- Board of Railroad Commissioners v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1888
3Cited by17 opinions
- First American Bank & Trust Company v. EllweinNorth Dakota Supreme Court · 1972
- North Dakota Securities Commissioner v. Juran & Moody, Inc.North Dakota Supreme Court · 2000
- Chrysler Light & Power Co. v. City of BelfieldNorth Dakota Supreme Court · 1929
- Sargent County v. StateNorth Dakota Supreme Court · 1921
- State Ex Rel. Hjelle v. BakkeNorth Dakota Supreme Court · 1962
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