William Deering & Co. v. Miller

This action was brought in the court below apparently to recover $50 penalty provided for in the act of 1885. The court below, however, in striking out certain parts of the petition, held “ that the plaintiffs (defendants in error) could not recover the $50 penalty mentioned in the first cause of action because the statute was unconstitutional.”

This ruling is not before this court for review and has not been discussed by the attorneys for either party, and it would be improper to express an opinion thereon.

The case proceeded to trial as a common law action to recover for actual damages…