Franklin Stores Co. v. Burnett

The opinion of the court was delivered by

Donges, J.

In this proceeding prosecutor challenges a rule promulgated by the commissioner of alcoholic beverages prohibiting the sale on licensed premises of certain substances which may be used for the manufacture of alcoholic drinks.

Prosecutor moves to strike certain affidavits from the return. Without passing upon the propriety of including the affidavits in the return, we think they may remain in the record because of the following stipulation entered into at the time of the taking of depositions:

“It is stipulated that the matter set forth in the…