Bird & Jex Co. v. Funk

FOLLAND, Chief Justice.

The case comes here on appeal from a judgment of the trial court sustaining a general demurrer to the complaint.

Appellants commenced an action in the district court whereby it was attempted to restrain the enforcement of certain regulations pertaining to the advertisement of light beer on billboards, which regulations had been adopted by the Liquor Control Commission. The complaint alleged that

“notwithstanding the fact that section 140 [Laws of Utah 1935, Chap. 43] provides: ‘that advertising of light beer shall he permitted under such regulation as the commission may…