Gibson Canning Co. v. American Can Co.

LINDLEY, District Judge.

This is a demurrer to plaintiff’s declaration upon the statute copied in the footnote,1 upon the ground that the declaration is insufficient in that it does not negative the proviso of the statute. It is insisted that exceptions and provisos contained in the same section as the enacting provisions must be negatived in the declaration.

It has been asserted by reputable authority that exceptions and provisions 'do not stand upon the same basis. I shall not attempt to determine whether such is a correct statement of the law, but shall base my deeision upon the assumption…