American Linseed Oil Co. v. Wheaton
South Dakota Supreme Court
Apeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action for injunction by the American Linseed Oil Company against A. H. Wheaton, Eood and Dairy Commissioner. From an order sustaining a demurrer to the complaint, plaintiff appeals. The right of the state to pass al-1 needful law.s, even prohibitive • laws, for the protection of the health of its citizens is settled beyond controversy.
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Apeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Action for injunction by the American Linseed Oil Company against A. H. Wheaton, Eood and Dairy Commissioner. From an order sustaining a demurrer to the complaint, plaintiff appeals. The right of the state to pass al-1 needful law.s, even prohibitive • laws, for the protection of the health of its citizens is settled beyond controversy. This compound is not known or used as an article of food, the label clearly state, “For commercial purposes,” therefore the law in question could not be for the purpose of protecting the…
1Opinion of the CourtMcCOY, J.
The plaintiff in its complaint alleged that it has never sold or offered for sale, within the state of South Dakota, any linseed or flaxseed oil purporting to be pure or labeled as such, which did not answer the chemical test for purity as recognnized in the United States Pharmacopoeia, unless the same complied with the statute of this state relative to adulterations of linseed oil, and that plaintiff has never sold, or offered for sale, any linseed oil, representing the same to be pure, which was not pure linseed oil, and which was not labeled as required by the South Dakota statute. The…
2Cases cited12 opinions
- City of St. Louis v. LiessingSupreme Court of Missouri · 1905
- People v. . CipperlyNew York Court of Appeals · 1886
- State v. SchlenkerSupreme Court of Iowa · 1900
- People v. WagnerMichigan Supreme Court · 1891
- Steiner & Sons v. RaySupreme Court of Alabama · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Payne v. ReevesSouth Dakota Supreme Court · 1921
- State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953
- Patterson v. City of DallasCourt of Appeals of Texas · 1962
- In Re MakiCalifornia Court of Appeal · 1943
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
6 more not listed; retrieve them via the Exa API.