Legal Opinion

State ex rel. Sperry & Hutchinson Co. v. Weigle, Dairy & Food Commissioner

Wisconsin Supreme Court

Decided December 20, 1917PublishedCited by 24 opinions

These are actions in tbis court by tbe plaintiffs to restrain tbe defendants from enforcing tbe provisions of cb. 480, Laws 1917, as unconstitutional and invalid. Tbe attorney general, in answer to tbe several complaints, filed a demurrer upon tbe ground that it appears on tbe face of tbe complaints that tbe same do not state facts sufficient to constitute a cause of action. Tbe cases were argued together.

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These are actions in tbis court by tbe plaintiffs to restrain tbe defendants from enforcing tbe provisions of cb. 480, Laws 1917, as unconstitutional and invalid. Tbe attorney general, in answer to tbe several complaints, filed a demurrer upon tbe ground that it appears on tbe face of tbe complaints that tbe same do not state facts sufficient to constitute a cause of action. Tbe cases were argued together. Tbe Sperry & Hutchinson Company, a foreign corporation licensed to transact business in tbis state, alleges that it conducts its business in tbe following manner: It enters into a contract…

1Opinion of the Court

The following opinion was filed December 20, 1917:

Pee Cueiam.

In these cases it is decided:(1) Ch. 480 of the Laws of 1917, creating sec. 1747m of the Wisconsin Statutes and prohibiting the use,, issuance, or *618delivery or causing or authorizing “to be furnished or delivered to any other person, firm, corporation, or association within this state, in connection with the sale of any goods, wares or merchandise, any trading stamp, token, ticket, bond, or other similar device” entitling the purchaser receiving the same to procure in exchange therefor “any goods, wares, merchandise privilege, or…

2Cases cited15 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. Crowley v. ChristensenSupreme Court of the United States · 1890
  3. German Alliance Insurance v. LewisSupreme Court of the United States · 1914
  4. Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911
  5. Rast v. Van Deman & Lewis Co.Supreme Court of the United States · 1916

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3Cited by24 opinions

  1. State ex rel. Carter v. HarperWisconsin Supreme Court · 1923
  2. State ex rel. La Follette v. KohleeWisconsin Supreme Court · 1930
  3. Kreutzer v. WestfahlWisconsin Supreme Court · 1925
  4. State ex rel. Hickey v. LevitanWisconsin Supreme Court · 1926
  5. State v. J. M. Seney Co.Court of Appeals of Maryland · 1919

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