Lawyers' Reports Annotated Bk. 49

Cover Lawyers' Reports Annotated Bk. 49
Lawyers' Reports Annotated Bk. 49
Lawyers Co-Operative Publishing Company
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31 Neb.
465, 48 N. W. 146; People ex rel. Del Mar v.
St. Louis rf ,S'. F. R. Co. 47 Hun, 543 ; People ex rel. McMachin v. Board of Police, 46 Hun, 296.
49 L. R. A.
Where the return of an alternative writ of mandamus presents traversable issues it is error for the court to grant a peremptory writ on sustaining the demurrer of the rela- tor thereto t>re tenus.
State ex rel. Taylor v. Delafield Supers. 69 Wis. 264, 34 N. W. 123; State ex rel. Weise V. Sedalia Gaslight Co. 34 Mo. App. 501; People e
...x rel, Kennedy v. Manhattan Oas- light Co. 45 Barb. 130.
Messrs. Pipes St Tifft and Jolin BC Pipes, for respondent: The gas company cannot shut off the gas to coerce the payment of a bill for gas fur- nished to other premises of the owner.
Gaslight Ct>. v. Colliday, 25 Md. 1 ; Lloyd V. Washington Gaslight Co. 1 Mackey, 331 ; Cadieux v. Montreal Gas Co. 18 Can. L. T.
303, 28 Can. S. C. 382.
The company cannot coerce payment of an old and disputed bill by shutting off the gas.
Wood V. Auburn, 87 Me.


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