New Orleans Public Service, Inc. v. O'Keefe

Supreme Court of Louisiana

New Orleans Public Service, Inc. v. O'Keefe

117 So. 152, 166 La. 292, 1928 La. LEXIS 1878

CourtSupreme Court of Louisiana

DecidedMay 7, 1928

DocketNo. 29212.

StatusPublished

This text of 117 So. 152 (New Orleans Public Service, Inc. v. O'Keefe) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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New Orleans Public Service, Inc. v. O'Keefe, 117 So. 152, 166 La. 292, 1928 La. LEXIS 1878 (La. 1928).

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Opinion

ROGERS, J.

The New Orleans Public Service, Inc., applied to the civil district court for the parish of Orleans for an injunction to prohibit the. mayor, commission council, and superintendent of police of the city of New Orleans from interfering with the petitioner in laying pipes and mains in, across, and through the streets, alleys, highways, squares, parks, and other public places in the city, for the purpose of taking, receiving, distributing, and vending natural gas within the corporate limits. Pending the hearing on the application, one of the judges of the district court issued an order restraining the defendants from in any manner interfering with the applicant in its work. Upon the petition of defendants for the appropriate writs, this court stayed and suspended this order until the hearing and decision by the district court on the original application for an injunction, and directed that the judge of the district court and the plaintiff, New Orleans Public Service, Inc., show cause why the relief prayed for by the relators should not be granted.

The respondents have not made any return to the rule nisi herein issued, and we take it, therefore, that the respondent, New Orleans Public Service, Inc., has abandoned its demand for the restraining order and has acquiesced in the action of this court in setting that order aside. To that extent the rule nisi should be made absolute.

*293 For the reasons assigned, the order herein issued by this court staying and suspending the restraining order granted by the district court upon the application of the New Orleans Public Service, Inc., for an injunction is perpetuated, and the judges of the district court are enjoined and prohibited from enforcing, or attempting to enforce, said restraining order. The costs of this proceeding are to be paid by the respondent, New Orleans Public Service, Inc.

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ROGERS, J.

The New Orleans Public Service, Inc., applied to the civil district court for the parish of Orleans for an injunction to prohibit the. mayor, commission council, and superintendent of police of the city of New Orleans from interfering with the petitioner in laying pipes and mains in, across, and through the streets, alleys, highways, squares, parks, and other public places in the city, for the purpose of taking, receiving, distributing, and vending natural gas within the corporate limits. Pending the hearing on the application, one of the judges of the district court issued an order restraining the defendants from in any manner interfering with the applicant in its work. Upon the petition of defendants for the appropriate writs, this court stayed and suspended this order until the hearing and decision by the district court on the original application for an injunction, and directed that the judge of the district court and the plaintiff, New Orleans Public Service, Inc., show cause why the relief prayed for by the relators should not be granted.

The respondents have not made any return to the rule nisi herein issued, and we take it, therefore, that the respondent, New Orleans Public Service, Inc., has abandoned its demand for the restraining order and has acquiesced in the action of this court in setting that order aside. To that extent the rule nisi should be made absolute.

*293 For the reasons assigned, the order herein issued by this court staying and suspending the restraining order granted by the district court upon the application of the New Orleans Public Service, Inc., for an injunction is perpetuated, and the judges of the district court are enjoined and prohibited from enforcing, or attempting to enforce, said restraining order. The costs of this proceeding are to be paid by the respondent, New Orleans Public Service, Inc.

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117 So. 152, 166 La. 292, 1928 La. LEXIS 1878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-orleans-public-service-inc-v-okeefe-la-1928.