Minneapolis, St. Paul, & Sault Ste. Marie Railway Co. v. Washburn Lignite Coal Co.
North Dakota Supreme Court
Appeal from District Court, Burleigh County, W. L. Nuessle, J. The legislature of North Dakota by enactment fixed maximum interstate rates for the transportation of coal.
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Appeal from District Court, Burleigh County, W. L. Nuessle, J. The legislature of North Dakota by enactment fixed maximum interstate rates for the transportation of coal. Laws 1907, chap. 51. This act was sustained by the decree of the supreme court of North Dakota. 19 N. D. 45; 26 N. D. 438. The decree of the supreme court of North Dakota was reversed by the decree of the Supreme Court of the United States. 236 U. S, 585. The case was brought and prosecuted by the attorney general of the state of North Dakota in his official capacity for and on behalf of all the people of the state. Under…
1ConcurrenceChristianson, J.
It was stated upon the argument by counsel for both parties that no objection was made because of any mere technical or amendable defect in the complaint. The defendant asserted and stood squarely upon the proposition that the complaint on its face showed clearly that no cause of action existed or could exist against it under the facts pleaded. And that this, and this alone, was the theory on which the demurrer was interposed and on which it had been argued in the court below, and on which it was asserted in this court.
The questions presented in this case are by no means easy to determine.…
2Cases cited6 opinions
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- Missouri v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1916
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1910
- State ex rel. McCue v. Northern Pacific Railway Co.North Dakota Supreme Court · 1909
- State ex rel. McCue v. Northern Pacific Railway Co.North Dakota Supreme Court · 1914
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