In State v. Chicago N.W. Ry. Co., 147 Neb. 970, 25 N.W.2d 824, this court held: "Injunction is a proper remedy to be used by the state in the protection of public rights, property, or welfare, whether or not the acts complained of violate a penalty statute and whether or not they constitute a nuisance."Summary of this case from State ex rel. Beck v. Associates Discount Corp.
September 19, 1930.
Case followed. [Reporter]
Defendant appealed from a judgment of the district court for Ramsey county, McNally, J. entered in favor of plaintiff for $3,703.07 representing the tax on certain alleged gross earnings of defendant. Reversed, following State v. C. R.I. P. Ry. Co. 181 Minn. 615, 232 N.W. 105.
Fritz Foster, William T. Faricy, Warren Newcome and Alfred E. Rietz, for appellant.
Henry N. Benson, Attorney General, and William K. Montague, Assistant Attorney General, for the state.
In this case the only item involved is the so-called Pullman excess receipts. The court awarded judgment for recovery of the gross earnings tax on that item. The decision in the companion case determines all questions raised here.
The judgment appealed from is reversed.