Legal Opinion

Application of Hvidsten

North Dakota Supreme Court

Decided April 18, 1955No. 7387Published

1Opinion

On Petition for Rehearing

SATHRE, Justice.

The railroad respondents have filed a petition for rehearing. It is stated that review of the Supreme Court’s decision of April 18, 1955 indicates that the decision turned upon the fact that the railroad respondents failed to appeal from the order of the Public Service Commission dated March 14, 1951 in case .No. S-1142 and therefore said respondents cannot, now gol-laterally attack that decision in the absence of fraud or bad faith. It is stated:

“The Court states that the railroad respondents appeared in Case No. S-1142 and failed to appeal from an…

2Cases cited10 opinions

  1. Cromwell v. County of SacSupreme Court of the United States · 1877
  2. Baltimore Steamship Co. v. PhillipsSupreme Court of the United States · 1927
  3. United States v. MoserSupreme Court of the United States · 1924
  4. Grubb v. Public Util. Comm'n of OhioSupreme Court of the United States · 1930
  5. United States v. California & Oregon Land Co.Supreme Court of the United States · 1904

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