State ex rel. Lemke v. Union Light, Heat, & Power Co.
North Dakota Supreme Court
Appeals from orders of tbe District Courts of Cass aud Grand Forks Counties, Cooley, Cole, and Englert, Judges. “Tbe presumption is tbat public officials do as the law and their duty require them” (20 N. D. 398), and the order of September 2, 1920, being regular on its face, “it is presumed tbat the board did everything whiclqthe statute in question required it to do, before it made the order” (20 N. D. 398). (Greenfield School Dist. v. Hanna-ford, 20 N. D. 393, 398, and…
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Appeals from orders of tbe District Courts of Cass aud Grand Forks Counties, Cooley, Cole, and Englert, Judges. “Tbe presumption is tbat public officials do as the law and their duty require them” (20 N. D. 398), and the order of September 2, 1920, being regular on its face, “it is presumed tbat the board did everything whiclqthe statute in question required it to do, before it made the order” (20 N. D. 398). (Greenfield School Dist. v. Hanna-ford, 20 N. D. 393, 398, and cases there cited; Commissioners v. ITall, 70 Ind. 469; 16 Oyc. 1076), including calling and holding of meeting (Merchant…
1Opinion of the CourtBirdzell, J.
The above cases come to this court on appeals from orders entered in each of them granting an injunction pendente lite. The injunction prevents each of the defendants from putting into effect and collecting certain surcharges upon its rates for electricity, gas, and heat, which surcharges purport to be authorized by an order of the board of railroad commissioners. Pending this appeal, however, the injunctional order is stayed. The trial judg'es have required the defendants to execute bonds conditioned, among other things, for the refunding of the surcharges, and have permitted the surcharges…
2Cases cited33 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Meyers v. BlockSupreme Court of the United States · 1887
- Palmer v. . FoleyNew York Court of Appeals · 1877
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
28 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Webster v. Texas & Pacific Motor Transport Co.Texas Supreme Court · 1942
- T.S.C. Motor Freight Lines, Inc. v. United StatesDistrict Court, S.D. Texas · 1960
- Terre Haute Gas Corporation v. JohnsonIndiana Supreme Court · 1942
- Alabama Public Service Commission v. Redwing Carriers, Inc.Supreme Court of Alabama · 1967
- State Ex Rel. Hjelle v. BakkeNorth Dakota Supreme Court · 1962
6 more not listed; retrieve them via the Exa API.