Bennett v. Carr
Michigan Supreme Court
Certiorari to Muskegon; Russell, J. Mandamus by John R. Bennett to compel John M. ' Carr, a justice of the peace, to entertain a complaint and issue a warrant for an alleged violation of the pure-food law. From an order denying the writ, relator brings certiorari. Relator is an inspector of the State dairy and food department.
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Certiorari to Muskegon; Russell, J. Mandamus by John R. Bennett to compel John M. ' Carr, a justice of the peace, to entertain a complaint and issue a warrant for an alleged violation of the pure-food law. From an order denying the writ, relator brings certiorari. Relator is an inspector of the State dairy and food department. On the 24th day of February, 1903, he made complaint before the respondent, a justice of the peace of the county of Muskegon, charging one Martin E. A. Aamodt with having sold one pound of oleomargarine, contrary to Act No. 22 of the Public Acts of 1901. The respondent…
1Opinion of the CourtGrant, J.
(after stating the facts). Does the complaint state an offense covered by the statute? The answer depends upon the construction to be given to the statute. The relator contends that the statute covers all products which look like yellow butter, and that it is immaterial whether such color is produced by some ingredient introduced for the purpose of causing the product to look like butter, or whether such color is produced by authorized and legal constituent food ingredients. The respondent contends that the statute is aimed only at the use of ingredients used solely for the purpose of…
2Cases cited5 opinions
- Plumley v. MassachusettsSupreme Court of the United States · 1894
- People v. RotterMichigan Supreme Court · 1902
- McCann v. CommonwealthSupreme Court of Pennsylvania · 1901
- People v. PhillipsMichigan Supreme Court · 1902
- State v. NewtonSupreme Court of New Jersey · 1888
3Cited by8 opinions
- People v. BreenMichigan Supreme Court · 1950
- State v. Hammond Packing Co.Supreme Court of Minnesota · 1908
- Jasnowski v. Judge of the Recorder's CourtMichigan Supreme Court · 1917
- State v. ShortellMissouri Court of Appeals · 1913
- Butcher v. Township of Grosse IleMichigan Supreme Court · 1972
3 more not listed; retrieve them via the Exa API.