Ex Parte Indiana Transportation Co., 242 U.S. 281 (1916)

Ex Parte Indiana Transportation Company


No. 25, Original


Motion for permission to intervene and to make return to
rule to show cause. submitted December 4, 1916
Decided December 18, 1916
242 U.S. 281

Syllabus

In a proceeding in prohibition, wherein a district judge had been ruled to show cause why the execution of an order should not he restrained for want of jurisdiction, a request was made on the return day, by the persons interested in upholding the order, that a return tendered by them be accepted as the return to the rule and that they be treated as the respondents. Held that the judge is the essential party respondent, and the request must therefore be denied. No return having been made by the respondent on the return day, the time for his return is, under the circumstances, extended.

The facts are stated in the opinion.