State ex rel. McFarland v. Pioneer Nurseries Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action to recover damages for falsely labeling fruit trees.. Demurrer to complaint sustained and judgment entered for the ■ defendant. Section 16, art. 3 of the constitution must be given a reasonable construction. It is sufficient if the act treats of but one general subject, and that subject is expressed in the title, directly or indirectly.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action to recover damages for falsely labeling fruit trees.. Demurrer to complaint sustained and judgment entered for the ■ defendant. Section 16, art. 3 of the constitution must be given a reasonable construction. It is sufficient if the act treats of but one general subject, and that subject is expressed in the title, directly or indirectly. The constitution should be liberally construed to sustain legislation not within the mischief intended to prevent. {State v. Doherty, 3 Ida.…
1Opinion of the CourtSullivan, C. J.
This action was brought to recover damages in the sum of $1,000 on a surety company bond, given under the provisions of an act creating the state board of horticulture (Sess. L. 1903, p. 347), for the alleged failure of the respondent Pioneer Nurseries Company to properly mark and label packages of apple trees with the label or mark showing the time variety of the trees, as required by the provisions of sec. 13 of said act.
The action was brought by the state of Idaho and J. F. McFarland, for the reason that the bond provided by sec. 8 runs to the state as obligee, no provision being contained…
2Cases cited11 opinions
- Pioneer Irrigation District v. BradleyIdaho Supreme Court · 1902
- Katz v. HerrickIdaho Supreme Court · 1906
- State v. DolanIdaho Supreme Court · 1907
- State v. JonesIdaho Supreme Court · 1904
- Turner v. CoffinIdaho Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Keenan v. PriceIdaho Supreme Court · 1948
- In re CraneIdaho Supreme Court · 1915
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- State Ex Rel. Graham v. EnkingIdaho Supreme Court · 1938
- State v. OmaechevviariaIdaho Supreme Court · 1915
9 more not listed; retrieve them via the Exa API.