Abbott v. State
Mississippi Supreme Court
Appeal from the circuit court of Jefferson county. HoN. E. E. BlowN, Judge. T. W. Abbott was convicted of violating the rules of the live stock sanitary board and appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Jefferson county. HoN. E. E. BlowN, Judge. T. W. Abbott was convicted of violating the rules of the live stock sanitary board and appeals. The facts are fully stated in the opinion of the court. The court should have sustained the demurrer to the affidavit because it charges no crime against the law; disobedience to the rules and regulations of the Mississippi Live Stock Board is the only charge, and these rules never having been incorporated into the laws and made a part thereof are not the law, and it follows that a conviction cannot be sustained as no law…
1Opinion of the CourtCook, J.
This case could be easily and summarily disposed of; but, as we are requested to pass on the validity of one of the most important statutes passed by the legislature in recent years, we deem it our duty to go fully into the questions presentéd for our consideration in this record.
By chapter 106, Laws of Mississippi 1908, entitled “An act creating a live stock sanitary board, specifying who shall constitute the same, fixing compensation for services of the members, delegating powers and authority for regulating live stock matters and the right to establish and maintain quarantine lines,…
2Cases cited3 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- United States v. GrimaudSupreme Court of the United States · 1911
- Ex parte FritzMississippi Supreme Court · 1905
3Cited by21 opinions
- Clark v. State Ex Rel. Miss. State Med. Ass'nMississippi Supreme Court · 1980
- City of Belmont v. Miss. State Tax Comm'nMississippi Supreme Court · 2003
- Loftus v. Department of Agriculture of IowaSupreme Court of Iowa · 1930
- Broadhead v. MonaghanMississippi Supreme Court · 1960
- State Oil & Gas Bd. v. Mississippi Min. & Roy. Own. Ass'nMississippi Supreme Court · 1971
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