Legal Opinion

Baxter v. State

Superior Court of Delaware

Decided March 8, 1938No. Certiorari, No. 218PublishedCited by 9 opinions

1Opinion of the Court

Rodney, J.,

delivering the opinion of the Court:

The first exception involves the question as to whether the quoted act is unconstitutional as being violative of the Constitutional provision, “No bill * * * shall embrace more than one subject, which shall be expressed in its title.” Article 2, § 16.

It needs no additional language by this Court to support the well established doctrine that no Court ought to nullify an act of the Legislature except in a very clear case and upon weighty consideration. Every legislative enactment is presumed to be constitutional, and if there is doubt the will of…

2Cases cited4 opinions

  1. Wilmington Trust Co. v. HighfieldSupreme Court of Delaware · 1931
  2. In re the Petition for the Laying Out of Cypress Farms DitchSuperior Court of Delaware · 1935
  3. Equitable Guarantee & Trust Co. v. DonahoeSuperior Court of Delaware · 1901
  4. Discount & Credit Corp. v. EhrlichSuperior Court of Delaware · 1936

3Cited by9 opinions

  1. State v. HobsonSupreme Court of Delaware · 1951
  2. State v. EmersonSuperior Court of Delaware · 1939
  3. State v. DanbergSuperior Court of Delaware · 1939
  4. United States v. 1,010.8 ACRES, ETC.District Court, D. Delaware · 1944
  5. Ney v. StateSuperior Court of Delaware · 1947

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