American Express Co. v. Beer
Mississippi Supreme Court
Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Bill by M. D. Beer against the American Express Company. From a decree overruling a demurrer to the complaint, defendant appeals.
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Appeal from the chancery court of Warren county. Hon. E. N. Thomas, Chancellor. Bill by M. D. Beer against the American Express Company. From a decree overruling a demurrer to the complaint, defendant appeals. Sections 5 and 7 of the act of the Mississippi legislature of 1914 known as House Bill No. 5, are as follows: Sec. 5. That it shall he the duty of any railroad company, express company, or any other common carrier, or person, firm or corporation who shall carry any intoxicating liquors into this state or from one point to another within this state, for the purpose of delivery, and who…
1Opinion of the CourtSmith, J.
(After stating the facts as above). "While the constitutionality of practically all of the sections of the May-Mott-Lewis Act is called in question by counsel for ap-pellee, we will take into consideration only the objections raised to sections 2, 5, 7, and paragraph 2 of section 11, and will leave the residue of the act altogether out of *536view, for the reason that, if these sections are valid, whether the remaining sections are valid or not does not concern the parties hereto. It is always the court’s duty in passing upon the constitutionality of a statute to separate the valid from the…
2Cases cited14 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Mugler v. KansasSupreme Court of the United States · 1887
- Brown v. MarylandSupreme Court of the United States · 1827
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Leisy v. HardinSupreme Court of the United States · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Howell v. StateMississippi Supreme Court · 1974
- Southern Express Co. v. WhittleSupreme Court of Alabama · 1915
- RITCHIE v. City of BrookhavenMississippi Supreme Court · 1953
- West Virginia v. Adams Express Co.Court of Appeals for the Fourth Circuit · 1915
- Glenn v. Southern Express Co.Supreme Court of North Carolina · 1915
18 more not listed; retrieve them via the Exa API.