Arbuckle v. Blackburn
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Southern District of Ohio. This case was brought by Arbuckle Bros, to restrain Joseph E. Blackburn, dairy and food commissioner of Ohio, from prosecuting the vendors of Ariosa, an article sold by the complainants to many dealers in Ohio, because of alleged violation of pure-food laws of the state.
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In Error to the Circuit Court of the United States for the Southern District of Ohio. This case was brought by Arbuckle Bros, to restrain Joseph E. Blackburn, dairy and food commissioner of Ohio, from prosecuting the vendors of Ariosa, an article sold by the complainants to many dealers in Ohio, because of alleged violation of pure-food laws of the state. The substance of the bill and an amendment thereof is as follows: The general assembly of the state of Ohio passed In the year 1884 an act entitled “An act to provide against the adulteration of food and drugs” <81 Ohio Laws, p. 67), the…
1Opinion of the CourtDay, Circuit Judge
As the circuit court dismissed the bill, it is unnecessary to consider the testimony offered in support of the application for a temporary injunction. The matter to be reviewed is the sufficiency of the bill and amendment to warrant the intervention of a court of equity to restrain the defendant as prayed. An analysis of the bill shows the claim to be that respondent, the dairy and food commissioner of the state of Ohio, is proceeding, upon an alleged false and erroneous construction of the statutes of Ohio, to prosecute persons in Ohio dealing in the complainants’ product known as “Ariosa,”…
2Cases cited22 opinions
- In Re AyersSupreme Court of the United States · 1887
- In Re SawyerSupreme Court of the United States · 1888
- Poindexter v. GreenhowSupreme Court of the United States · 1885
- Fitts v. McGheeSupreme Court of the United States · 1899
- Plumley v. MassachusettsSupreme Court of the United States · 1894
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Ex Parte SterlingTexas Supreme Court · 1932
- Kelly v. ConnerTennessee Supreme Court · 1909
- Brown v. Mayor of BirminghamSupreme Court of Alabama · 1903
- Jacob Hoffman Brewing Co. v. McElligottCourt of Appeals for the Second Circuit · 1919
- Dearborn Pub. Co. v. FitzgeraldDistrict Court, N.D. Ohio · 1921
19 more not listed; retrieve them via the Exa API.