Legal Opinion

State v. Central Lumber Co.

South Dakota Supreme Court

Decided December 1, 1909PublishedCited by 33 opinions

Appeals from Circuit Court, McPherson County. Hon Lyman T. Bouciiiír, Judge. Two actions, one criminal and the other civil, .by the State against the Central Lumber Company for violation of Laws 1907, p. 196, c. 131. In the criminal action there' was. a conviction and an order denying a new trial, ■ and in the civil case a demurrer to the complaint was overruled, and defendant appealed in both cases, which were consolidated on appeal. 1. Unlawful Discrimination.

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Appeals from Circuit Court, McPherson County. Hon Lyman T. Bouciiiír, Judge. Two actions, one criminal and the other civil, .by the State against the Central Lumber Company for violation of Laws 1907, p. 196, c. 131. In the criminal action there' was. a conviction and an order denying a new trial, ■ and in the civil case a demurrer to the complaint was overruled, and defendant appealed in both cases, which were consolidated on appeal. 1. Unlawful Discrimination. Any person, firm, or corporation foreign or domestic, doing business in the state of South Dakota, and engaged in the production,…

1Opinion of the CourtWpiiting, J.

Chapter 131, p. 196, Sess. Laws S. D. for the year of 1907, is in words as follows:

“An Act to Define and Prohibit Unfair Competition and Discrimination, and to Define the Powers and Duties of the Attorney General in Regard Thereto.
“Be it enacted by the Legislature of the state of South ' Dakota:
“Section 1. Unlawful Discrimination. — Any person, firm, or corporation foreign or domestic, doing business in the state of South Dakota, and engaged in the production, manufacture or distribution of any commodity in general use, that intentionally for the purpose of destroying the competition, of any…

2Cases cited32 opinions

  1. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  2. Hale v. HenkelSupreme Court of the United States · 1906
  3. Paul v. VirginiaSupreme Court of the United States · 1869
  4. Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
  5. Sinking-Fund CasesSupreme Court of the United States · 1879

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3Cited by33 opinions

  1. Wholesale Tobacco Dealers Bureau of Southern California, Inc. v. National Candy & Tobacco Co.California Supreme Court · 1938
  2. Commonwealth v. ZasloffSupreme Court of Pennsylvania · 1940
  3. State v. LangleyWyoming Supreme Court · 1938
  4. Behrns v. BurkeSouth Dakota Supreme Court · 1975
  5. State ex rel. Payne v. ReevesSouth Dakota Supreme Court · 1921

28 more not listed; retrieve them via the Exa API.

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