State ex rel. Board of Transportation v. Fremont, Elkhorn & Valley R. R.
Nebraska Supreme Court
.Original application for mandamus. The case is stated in the opinion. The fact that the relators, by the terms of the statute, might make the application to the district court of the county or district where the road was operated, does not take away or interfere with the jurisdiction of this court, and the statute could not take away the jurisdiction of this court. The object of a mandamus is not to supersede legal reitiedies, but rather to supply a lack of them.
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.Original application for mandamus. The case is stated in the opinion. The fact that the relators, by the terms of the statute, might make the application to the district court of the county or district where the road was operated, does not take away or interfere with the jurisdiction of this court, and the statute could not take away the jurisdiction of this court. The object of a mandamus is not to supersede legal reitiedies, but rather to supply a lack of them. Two prerequisites must exist to warrant a court in granting this remedy. First, It must appeár that the ’relator has a' clear…
1Opinion of the Court
Maxwell, Ch. J.
On the 24th day of September, 1887, the board of transportation of this state served notice upon the respondent, requiring it to reduce its freight charges 33J per cent on all its lines within the state of Nebraska, on or before October 1st, 1887, a schedule of the charges to be made as reduced for freight on said lines of road within the state being furnished to the respondent. The respondent neglected to comply with the order of the board, and on the 4th day of October, 1887,- the board, through the attorney general of the state, applied for an alternative writ of mandamus to…
2Cases cited7 opinions
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- Hamilton v. State ex rel. BatesIndiana Supreme Court · 1852
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
- State ex rel. Willard v. StearnsNebraska Supreme Court · 1881
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3Cited by38 opinions
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- City of Geneseo v. Illinois Northern Utilities Co.Illinois Supreme Court · 1941
- Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Manchin v. BrowningWest Virginia Supreme Court · 1982
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