Chicago, Milwaukee & St. Paul Ry. Co. v. Board of Railroad Commissioners

delivered tbe opinion of tbe court.

Tbis action was brought by tbe plaintiff railway company in tbe district court of Silver Bow county (tbe city of Butte being tbe principal place of business of plaintiff in Montana) to review and annul an order of tbe defendant board directing tbe installation of an industrial spur-track near Roundup and to enjoin further proceedings thereunder. Tbe board filed a general demurrer to tbe complaint, which being overruled, it refused to plead further. Thereupon defendant’s default was entered and judgment was entered in favor of the plaintiff, from which the…