(DOWNLOAD) "State Indiana Ex Rel. Public Service" by 023 Supreme Court of Indiana No. 29 # Book PDF Kindle ePub Free
eBook details
- Title: State Indiana Ex Rel. Public Service
- Author : 023 Supreme Court of Indiana No. 29
- Release Date : January 20, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is an original action for a writ of prohibition. We issued a temporary writ prohibiting the Johnson Circuit Court, and the regular Judge thereof, from exercising further jurisdiction in Cause No. 16266, entitled Joseph Schaller, and Associated Freight Lines, Inc., Plaintiffs vs. Public Service Commission of Indiana, et al. The petition here for the writ, and the return of respondents thereto, put in issue the validity of a judgment of said trial court entered upon a special finding of facts and Conclusions of law. The history of the controversy between the Commission and Joseph Schaller and the Associated Freight Lines, Inc., is essential to this decision. On March 30, 1949, Joseph Schaller was a holder of a Certificate of Public Convenience and Necessity No. 1314-A, 1, for the operation of a trucking line as a common carrier in intrastate commerce. On that date Schaller contracted to sell his Certificate to Associated Freight Lines, Inc., and to consummate the sale they filed a joint petition for approval of the sale with the Public Service Commission of Indiana as required by § 47-1219, Burns' 1952 Replacement. However, for unexplained reasons not appearing of record in this original action, there was no hearing had upon the joint petition until more than two years thereafter. On April 19, 1951, a hearing was had, and on July 5, 1951, the application was dismissed.[Footnote 1]