United States Supreme Court Cases & Opinions

U.S. Supreme Court

In re City of Louisville, 231 U.S. 639 (1914)

In re City of Louisville

No. 11, Original

Argued November 10, 1913

Decided January 5, 1914

231 U.S. 639

Syllabus

The mandate in the case of Louisville v. Cmmberland Telephone Co., 225 U. S. 430, in which this Court decided that the rates established by municipal ordinance were not confiscatory and reversed the judgment holding that they were, without prejudice, and remanded the case to the lower court, permitted further proceedings, and the judge of the district court acted within his discretion in continuing the case and appointing master to take proof and report as to the amount collected by the company during the injunction period and also after the new rates had been put into effect.

Mandamus to compel the district court to vacate supplemental orders of reference made in a case reversed and remanded, refused on the ground that the case was decided without prejudice, and the district court acted within its discretion in the conduct of the case and the interpretation of the mandate.

The facts, which involve the proper exercise of discretion of the trial judge in interpreting the mandate of this court in a case remanded for further proceedings, are stated in the opinion.

Page 231 U. S. 641