State Ex Rel. Public Service Commission v. Great Northern Utilities Co.

MR. JUSTICE ANGSTMAN:

I- concur in the result reached in the foregoing opinion, but not with all that is stated in it.

In my opinion the ruling of Judge Poorman was justified for the reason that the relief sought by mandamus could have been obtained in the suit pending in department No. 2 of the district court, wherein the validity of the order in question was attacked by injunction.

The general rule is that, “where a proceeding in equity is pending between the same parties at the time of the application for mandamus, in which suit the relief sought by mandamus could be fully considered, it is…