Blanton v. Southern Fertilizing Co.
Supreme Court of Virginia
Appeal from decrees of the chancery court of the city of Richmond, rendered 4th August and 7th December,' 1882, in the suit of the Southern Fertilizer Company, Allison & Addison, and A. S. Lee, suing for themselves and all other manufacturers and sellers of fertilizers, who will share the costs and benefits thereof, against James M. Blanton, commissioner of agriculture of the state of Virginia.
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Appeal from decrees of the chancery court of the city of Richmond, rendered 4th August and 7th December,' 1882, in the suit of the Southern Fertilizer Company, Allison & Addison, and A. S. Lee, suing for themselves and all other manufacturers and sellers of fertilizers, who will share the costs and benefits thereof, against James M. Blanton, commissioner of agriculture of the state of Virginia. By the first decree an injunction was awarded restraining the defendant from exacting or attempting to exact the charge for certain “tags,” which the plaintiffs were' required by number two of certain…
1Opinion of the CourtFauntleroy, J.
The appellant, in his petition for appeal, makes three assignments of error—viz.:
1st. “ The demurrer to the said bill should have been sustained, as it is clear that the said chancery court of Richmond has no jurisdiction of the case. The state can only be sued by her consent and in such tribunals as she may choose. The department of agriculture is a regular state bureau, authorized by the constitution of Virginia and by the act of assembly 18*76-1, page 240. By the Code of 1813, chapter forty-four, section seven, page 411, it will be found that the circuit court of Richmond is selected as…
2Cases cited3 opinions
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