Schmitt v. F. W. Cook Brewing Co.
Indiana Supreme Court
From Vanderburgh Superior Court; Fred M. Hostetter, Judge. Suit by the F. W. Cook Brewing Company against Edgar Schmitt, as superintendent of police of the city of Evansville. From a judgment for the plaintiff, the defendant appeals.
1Opinion of the CourtTownsend, J.
— Appellee brewing company obtained a permanent injunction against appellant superintendent of police of the city of Evansville preventing the enforcement of the Prohibition Law, Acts 1917 p. 15. *625Appellant’s demurrer to the complaint was overruled. He refused to plead further and judgment was rendered.
No question is raised as to the jurisdiction of a court of equity and, owing to the alleged property rights and to avoid a multiplicity of actions, the cause will be considered.
The sole question presented is the constitutionality of the act. It is claimed that the legislature has no power under…
Also in this document: Concurrence.
2Cases cited43 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Crowley v. ChristensenSupreme Court of the United States · 1890
- In Re RahrerSupreme Court of the United States · 1891
- Clark Distilling Co. v. Western Maryland Railway Co.Supreme Court of the United States · 1917
- State v. GerhardtIndiana Supreme Court · 1896
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3Cited by37 opinions
- TINDER, PROS. ATTY. v. Music Op. Inc.Indiana Supreme Court · 1957
- State v. GriffinIndiana Supreme Court · 1948
- State Ex Rel. Fry v. Superior Court of Lake CountyIndiana Supreme Court · 1933
- State Ex Rel. Zeller v. Montgomery Circuit CourtIndiana Supreme Court · 1945
- Powell v. StateIndiana Supreme Court · 1923
32 more not listed; retrieve them via the Exa API.