State v. Bayer
Utah Supreme Court
Appeal from District Court, Second District; J. A. Howell, Judge. Action by the state against J. E. Bayer and others. Judgment for plaintiff. Defendants appeal. APPELLANT'S POINTS.
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Appeal from District Court, Second District; J. A. Howell, Judge. Action by the state against J. E. Bayer and others. Judgment for plaintiff. Defendants appeal. APPELLANT'S POINTS. Any state statute which, prohibits by its express terms or by its necessary operation the taking of orders by nonresidents for lawful subjects of commerce in other States or which imposes a license tax upon drummers or agents selling goods by sample or otherwise or soliciting trade or taking orders therefor is a regulation of commerce and is unconstitutional and invalid. (Robbins v. Shelby Taxing District, 120 U.…
1Opinion of the CourtStratjp, J.
This appeal involves the validity and construction of sections 1710x and 1710x1 of title 61, Comp. Laws 1907, which are as follows:
“No person, firm, or corporation, as principal or agent, sliall peddle out, hawk, or, after shipment to this state, canvass, by going from house to house or from place to place, and sell or offer for sale, by sample, to users or consumers, clocks, agricultural implements, tools or machinery, stoves or ranges, wagons, buggies, carriages, surreys, or other similar vehicles, washing machines, churns, pictures, enlarged pictures, or picture frames, lightning rods,…
2Cases cited10 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Lochner v. New YorkSupreme Court of the United States · 1905
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Welton v. MissouriSupreme Court of the United States · 1876
- Minnesota v. BarberSupreme Court of the United States · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. WrightOregon Supreme Court · 1909
- Ex parte BylesSupreme Court of Arkansas · 1910
- Spaulding v. McNaryOregon Supreme Court · 1913
- In Re Application of DeesCalifornia Court of Appeal · 1920
- Huband v. EvansSupreme Court of New Jersey · 1935
3 more not listed; retrieve them via the Exa API.