Moody v. Foster

The judgment of the' court overruling the defendant’s demurrer, which was pitched on the ground that the court was without jurisdiction to try the action as it was of a quasi-criminal nature, was not an adjudication of the sufficiency of the petition. It merely adjudicated that the action brought by the plaintiff, while penal in its nature to some extent, is not such an action as to confer jurisdiction upon a court of criminal jurisdiction. (See, in this connection, Bowles v. Kroger Grocery & Baking Co., 141 Fed. 2d, 120 (2): “Emergency Price Control Act is not a penal statute and remedy for…