State Ex Rel. Steers, Etc. v. Hancock Cir. Court, Etc.

Dissenting Opinion

Emmert, J.

The “Uniform Indiana Food, Drug, and Cosmetic Act” §35-3101 et seq., Burns’ 1949 Replacement, clearly provides for a trial by jury.

“The right of change of venue from the county and the right of change of judge and the right of trial by jury shall exist as in civil cases.” Section 35-3126, Burns’ 1949 Replacement.

The certified copies of the court records attached to the petition disclose that a jury did try the issues, and did return a verdict for “the defendant, 11,000 cases, more or less, of canned tomatoes and 7,000 cases, more or less, of canned tomato juice . .…