Jasnowski v. Judge of the Recorder's Court
Michigan Supreme Court
Mandamus by Charles H. Jasnowski, prosecuting attorney, against William F. Connolly, judge of the recorder’s court of the city of Detroit, to compel respondent to set aside an order quashing a certain information. In 1899 the legislature passed an act (No. 147) entitled: “An act in relation to the manufacture and sale of oleomargarine, or imitation butter.”
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Mandamus by Charles H. Jasnowski, prosecuting attorney, against William F. Connolly, judge of the recorder’s court of the city of Detroit, to compel respondent to set aside an order quashing a certain information. In 1899 the legislature passed an act (No. 147) entitled: “An act in relation to the manufacture and sale of oleomargarine, or imitation butter.” In 1901 it passed an act (No. 22) entitled: “An act to prevent deception in the manufacture and sale of imitation butter.” It contains two sections, the first reading: “No person, by himself or his agents, or servants, shall render or…
1Opinion of the CourtOstrander, J.
(after stating the facts). It is clear that the manufacture and sale of oleomargarine is lawful in this State. What oleomargarine is is defined in the law of 1913. The definition excludes coloring matter. If matter is introduced for the purpose of coloring it, a compound not recognized in the law as oleomargarine is produced. The manufacture and sale of such a compound is prohibited by the law of 1901. This is the effect of the reasoning of the opinions in People v. Rotter, 131 Mich. 250 (91 N. W. 167); Bennett v. Carr, 134 Mich. 243 (96 N. W. 26). See, also, People v. Phillips, 131 Mich. 395…
2Cases cited3 opinions
- Bennett v. CarrMichigan Supreme Court · 1903
- People v. RotterMichigan Supreme Court · 1902
- People v. PhillipsMichigan Supreme Court · 1902
3Cited by1 opinion
- People v. MillerMichigan Supreme Court · 1918