Home Tel. & Tel. Co. v. Kuykendall, 265 U.S. 206 (1924)

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Home Telephone & Telegraph Company of Spokane v. Kuykendall


Nos. 539 and 790


Argued April 17, 1924
Decided May 26, 1924
265 U.S. 206

APPEALS FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE WESTERN DISTRICT OF WASHINGTON

Syllabus

1. Upon appeal from decrees refusing an interlocutory injunction and dismissing the bill on demurrer, the Court will not pass upon an issue not shown by the bill, but only by an opposing affidavit used at the injunction hearing. P. 208.

2. Decided (in other respects) upon the authority of Pacific Telephone Co. v. Kuykendall, ante,196.

Reversed.

Appeals from decrees of the district court refusing an interlocutory injunction and finally dismissing on demurrer a bill to enjoin interference with increases of telephone rates.