State ex rel. North Carolina Corp. Commission v. Southern Railway Co.
Supreme Court of North Carolina
.This was a proceeding instituted before the Corporation Commission at the instance of Hart-Ward Company, consignees, against the Southern Railway Company, brought by appeal of defendant company before the Superior Court of WaKE County, where, on issues framed and submitted, it was tried before Long, Jand a jury, at October Term, 1907, of said court.
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.This was a proceeding instituted before the Corporation Commission at the instance of Hart-Ward Company, consignees, against the Southern Railway Company, brought by appeal of defendant company before the Superior Court of WaKE County, where, on issues framed and submitted, it was tried before Long, Jand a jury, at October Term, 1907, of said court. It was made to appear that1 the Corporation Commission, acting under power expressly conferred upon it by the statute (Revisal, sec.- 1100), established the following rule, same being known as Rule No. 8 and set forth in Circular No. 36 in the…
1Opinion of the Court
Hoicb, J.,
after stating the facts: The Court is of opinion that there was no appealable order made in this cause by the Corporation Commission, and, this being true, we are not in a position to make authoritative deliverance on the important and interesting questions indicated in the record and which were so learnedly argued by counsel. As to the Supreme and Superior Courts, the proceedings -are coram non judice, whether the Legislature may or may not have the constitutional right to confer on the Commission jurisdiction of questions strictly judicial in their nature. A perusal of the act…
2Cited by1 opinion
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