State v. Fairmont Creamery Co.
Supreme Court of Iowa
Appeal from Buena Visia District Court. — Hon. A. D. Bailie; Judge. The defendant was indicted in Buena Yista county, under the provisions of section 5028-b, Code Supplement, as amended by chapter 222 of Acts 33d General Assembly. Upon motion of the defendant at the close of the State’s evidence, the trial court dismissed the indictment and discharged the defendant. The state has appealed.
1Opinion of the Court
Evans, J«
The discharge of the defendant in the trial court is final and can not be disturbed by us on this appeal. The state has taken an appeal for the purpose of obtaining a review of the holding of.the trial court as to the constitutionality of the statute upon which the indictment is based. The statute in question purports to be an amendment to section 5028-b of the Code Supplement, and is as follows:
Any person, firm, company, association or corporation, foreign or domestic, doing business in the state of Iowa and engaged in the business of buying milk, cream or butter fat for the purpose…
2Cases cited32 opinions
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Holden v. HardySupreme Court of the United States · 1898
- Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
- Gundling v. ChicagoSupreme Court of the United States · 1900
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
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3Cited by57 opinions
- Central Lumber Co. v. South DakotaSupreme Court of the United States · 1912
- Graham v. WorthingtonSupreme Court of Iowa · 1966
- State v. LangleyWyoming Supreme Court · 1938
- Lee Enterprises, Inc v. Iowa State Tax CommissionSupreme Court of Iowa · 1968
- Huston v. City of Des MoinesSupreme Court of Iowa · 1916
52 more not listed; retrieve them via the Exa API.