Legal Opinion

Nolan v. Jones

Superior Court of Pennsylvania

Decided July 13, 1917No. Appeal, No. 120PublishedCited by 6 opinions

Appeal, No. 120, April T., 1917, by defendant, from decree of C. P. Allegheny Co., July T., 1916, No. 665, on bilí in equity in case of Edward S. Nolan v. Edward P. Jones et al. and Union Storage Company. Bill in equity for an injunction to restrain the representatives of'the Dairy and Pood Division of the Department of Agriculture from preventing plaintiff from selling butter as food which had been in cold storage for more than nine months.

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Appeal, No. 120, April T., 1917, by defendant, from decree of C. P. Allegheny Co., July T., 1916, No. 665, on bilí in equity in case of Edward S. Nolan v. Edward P. Jones et al. and Union Storage Company. Bill in equity for an injunction to restrain the representatives of'the Dairy and Pood Division of the Department of Agriculture from preventing plaintiff from selling butter as food which had been in cold storage for more than nine months. Before Carpenter, J. The case turned upon the constitutionality of the Act of May 16, 1913. The court below decided that the act was in violation of the…

1Opinion of the Court

Opinion by

Orlady, P. J.,

The plaintiff is a wholesale dealer in butter, eggs and cheese, in the City of Pittsburgh. The personal defendants are the representatives of the Dairy and Food Division of the Department of Agriculture of this Commonwealth. The last-named defendant is an incorporated storage company. On June 9,1915, the plaintiff placed seventy-eight tubs of creamery butter in warehouse, number 5, of the storage company, and subsequently withdrew all except three tubs, each containing approximately sixty-three pounds. The three personal defendants, acting in discharge of their duty on…

2Cases cited10 opinions

  1. Mugler v. KansasSupreme Court of the United States · 1887
  2. Lawton v. SteeleSupreme Court of the United States · 1894
  3. Powell v. PennsylvaniaSupreme Court of the United States · 1888
  4. Schollenberger v. PennsylvaniaSupreme Court of the United States · 1898
  5. Commonwealth v. ShaleenSupreme Court of Pennsylvania · 1906

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3Cited by6 opinions

  1. Commonwealth v. Monumental Properties, Inc.Supreme Court of Pennsylvania · 1974
  2. Pekular v. EichSupreme Court of Pennsylvania · 1986
  3. Alford v. RaschiatoreSuperior Court of Pennsylvania · 1948
  4. Nolan v. JonesSupreme Court of Pennsylvania · 1919
  5. Commonwealth v. BrannSuperior Court of Pennsylvania · 1923

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