Barataria Canning Co. v. State
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. G-eo. S. Dodus, Special Judge. Suit by the state, on the relation of the attorney-gen•eral and the board of oyster commissioners, against the Barataria Canning Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Harrison county. Hon. G-eo. S. Dodus, Special Judge. Suit by the state, on the relation of the attorney-gen•eral and the board of oyster commissioners, against the Barataria Canning Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. It is held by your honors that this statute embraces the oysters taken from other states; we submit that it is unconstitutional in that it is in violation of Art. 1, Sec. -8 of the Constitution of the United States which vests in Congress exclusive power to regulate…
1Opinion of the Court
Mates, O. J.,
delivered the opinion of the court.
This suit is instituted by the state, on relation of the-attorney general, for the purpose of recovering from the Barataria Canning Company the sum of two hundred eighty-four dollars and twenty-six cents claimed to be due the state by reason of the fact that the canning company bought and canned, in its factory situated in this state, some nine thousand barrels of oysters. In the declaration filed by the state it is stated that the oysters bought by the canning factory were' taken from the wa*896ters of the state of Alabama, and brought into the…
2Cases cited4 opinions
- Webber v. VirginiaSupreme Court of the United States · 1881
- State v. ApplegarthCourt of Appeals of Maryland · 1895
- D. E. Foote & Co. v. ClagettCourt of Appeals of Maryland · 1911
- Applegarth v. StateCourt of Appeals of Maryland · 1899
3Cited by5 opinions
- Southern Package Corp. v. State Tax CommissionMississippi Supreme Court · 1935
- State Ex Rel. Knox v. Panhandle Oil Co.Mississippi Supreme Court · 1927
- State v. Jutstrom Fish Co.Oregon Supreme Court · 1934
- Treas v. PriceMississippi Supreme Court · 1933
- Booth Fisheries Corp. v. CaseWashington Supreme Court · 1935