Morton v. Keys

If this court were required to determine whether the vehicles operated by petitioner came within the prohibition of the statute herein involved it might arrive at the same conclusions as did the trial court. However, the ultimate relief which plaintiff seeks by way of declaratory judgment is to prevent the defendants or their agents from prosecuting the plaintiff and imposing upon him or his drivers the criminal penalty arising from a violation of the statute. Plaintiff does not claim that the statute is in any manner either invalid or unconstitutional, nor does he claim an interference with…