Detroit & Mackinac Ry. Co. v. Michigan R. Comm'n,
240 U.S. 564 (1916)

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U.S. Supreme Court

Detroit & Mackinac Ry. Co. v. Michigan R. Comm'n, 240 U.S. 564 (1916)

Detroit & Mackinac Railway Commission v.

Michigan Railroad Company

No. 68

Argued November 10, 1915

Decided April 3, 1916

240 U.S. 564


A judgment or decree which determines the particular cause is final in the sense of § 237, Jud.Code.

A proceeding in mandamus is an independent adversary suit, and a judgment awarding or refusing the writ is final within the meaning of 237, Jud.Code.

The granting of a writ of mandamus to maintain or restore the status quo by requiring a railroad company to comply with an order of the state Railroad Commission of Michigan which, under the statute of the state was prima facie lawful, pending the determination of a suit in equity brought by the railroad company to enjoin enforcement of the order, held, in view of the circumstances and requirement that a bond of indemnity be given, not to deprive the railroad company of due process of law guaranteed by the Fourteenth Amendment.

178 Mich. 230 affirmed.

The facts, which involve the constitutionality under the due process provision of the Fourteenth Amendment of an order granting a writ of mandamus enforcing obedience to an order of the Michigan Railroad Commission directing a railroad company to relay tracks removed by it from a logging spur, are stated in the opinion.

Page 240 U. S. 566

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