In re Luttgerding

Citations

• 83 Kan. 205
• 110 P. 95
• 1910 Kan. LEXIS 496

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Crossing of Tracks — Reasonableness of Order— Injunction — Parties. A railroad company is entitled to maintain an action of injunction to determine the legality, justice and reasonableness of an order made by the board of railroad commissioners authorizing another railroad company to build its line across the track and switch yards of the former company, and in such action the board of railroad commissioners and the railroad company proposing to build the crossing may be properly joined as defendants.</p> <p>2. Judgments — Collateral Attack — Action against a Resident and a Nonresident. The decision that a resident defendant was rightly joined with a nonresident defendant summoned in another county may be reviewed on appeal, but the decision of the question by a court having jurisdiction of the subject matter of the action is not open to collateral attack.</p> <p>3. Words and Phrases- — ■“Restraining Order” — “Temporary Injunction.” Where the district court designates and treats an injunction order issued by it as a temporary restraining order the supreme court, in which a habeas corpus proceeding is brought to release the defendant from imprisonment imposed for violating the order, will also treat it as a temporary restraining order, although such order recites that it is to continue in force until the further order of the court.</p>