State v. Chicago Great Western Railroad
Supreme Court of Minnesota
Defendant was accused in the municipal court of St. Paul of unlawfully shipping one can of cream over its railroad line a distance of more than 65 miles, said shipment not having been made in a refrigerator car effectively iced, and in a sanitary condition, and said cream not having previously undergone an effective process of pasteurization, contrary to the statute.
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Defendant was accused in the municipal court of St. Paul of unlawfully shipping one can of cream over its railroad line a distance of more than 65 miles, said shipment not having been made in a refrigerator car effectively iced, and in a sanitary condition, and said cream not having previously undergone an effective process of pasteurization, contrary to the statute. The case was tried before Planft, J\, who denied defendant’s motion to quash the complaint, for the reason that chapter 433, Laws 1913, upon which the complaint was based, was unconstitutional and void and not a legitimate…
1Opinion of the CourtBrown, C. J.
Defendant was prosecuted before the municipal court of the city of St. Paul, for a violation of chapter 433, p. 632, Laws 1913, and appealed from a judgment of conviction.
1. Tbe Attorney General makes tbe preliminary point that the appeal should be dismissed for tbe reason that defendant, before tbe appeal was taken, voluntarily paid the fine imposed by the court below, thereby waiving the right of appeal. A majority of the court are of tbe opinion that tbe payment of tbe fine before taking tbe appeal was not so wholly voluntary that tbe right of appeal w.as lost, and that the cause should be…
2Cases cited10 opinions
- Minnesota v. BarberSupreme Court of the United States · 1890
- Brimmer v. RebmanSupreme Court of the United States · 1891
- Nelson v. City of MinneapolisSupreme Court of Minnesota · 1910
- Ex parte KiefferU.S. Circuit Court for the District of Kansas · 1889
- Evans v. Chicago & Northwestern Railway Co.Supreme Court of Minnesota · 1909
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3Cited by2 opinions
- People v. BandyAppellate Court of Illinois · 1925
- State v. BoultonSupreme Court of Minnesota · 1949