Public Service Commission v. Geo. F. Alger Co.

Concurring Opinion

Emmert, J.

I concur in the result and the reasoning of the opinion by Chief Justice Draper. However, we have presented by the record a matter which should not go unnoticed. The trial court issued a restraining order without notice. Section 47-1249, Burns’ 1952 Replacement, grants no such right, but §54-435, Burns’ 1951 Replacement, §7 of Ch. 169 of the 1929 Acts, specifically prohibits the issuance of a restraining order without notice.1 This is a clear declaration of public policy in such matters by the General Assembly, and, in my opinion, the restraining order is void for…