JW Nichols Company v. White

HUGHES, Justice. •

J. W. Nichols Company, a Texas Corporation, filed this suit for a declaratory judgment under Art. 2524 — 1, Vernon’s Ann. Civ.St., for the purpose of having determined the constitutionality of Art. 165-8, V.A.C.S., Acts 1957, 55th Leg., ch. 133, p. 288, known as the “Texas Egg Law.” This Act provided that the Commissioner of Agriculture of the State of Texas should administer and enforce the Act and it was stipulated that John C. White, present Commissioner, was enforcing the Act as required by it. Commissioner White was the only party sued.

The pleadings and the evidence…