69-14-401. Court review of commission actions. (1) Actions to review the determination of the commission fixing any classification, rate, toll, charge, regulation, or order or the refusal of said commission to make, fix, or establish any classification, rate, toll, charge, regulation, or order shall be commenced, in the district court of the county having jurisdiction thereof, by the filing of a complaint, duly verified as provided for the verification of pleadings in civil actions. Notice may be served upon the party defendant either by summons issued and served as provided for in this code in civil actions or the court may issue an order directed to the defendant requiring him to answer the complaint at such time as the court may deem reasonable; provided, however, that such time shall not be less than 5 days from the time of the service of such order. Upon the appearance of the defendant, he may deny or admit the facts set forth in said complaint, by answer, which shall be verified as the pleadings in other civil actions.
     (2) If, upon the hearing, the court shall find that the rates fixed or the classifications made are unjust and unreasonable, it shall thereupon be the duty of said commission to make new rates or a reclassification, as the case may be. All orders or notices required under the provisions of this section may be issued by the court or by the judge thereof at chambers.

     History: En. Sec. 21, Ch. 37, L. 1907; Sec. 4384, Rev. C. 1907; re-en. Sec. 3803, R.C.M. 1921; re-en. Sec. 3803, R.C.M. 1935; R.C.M. 1947, 72-125.