State ex rel. Ladd v. District Court
North Dakota Supreme Court
Application -by the state, on the relation of E. F. Ladd, for a writ of prohibition to the district court of Cass county and Charles A. Pollock, Judge. Food commissioner’s error in deciding upon a-prohibited product, or in his conclusions and published statements; or that his prosecution may fail, and a party be without remedy, does not warrant an injunction.
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Application -by the state, on the relation of E. F. Ladd, for a writ of prohibition to the district court of Cass county and Charles A. Pollock, Judge. Food commissioner’s error in deciding upon a-prohibited product, or in his conclusions and published statements; or that his prosecution may fail, and a party be without remedy, does not warrant an injunction. Arbuckle v. Blackburn, 113 Fed. 617; Pleasants v. Smith, 43 So. 467; Davis v. Society, etc., 75 N. Y. 362. If his statements are incorrect, the .publication is libel. Arbuckle v. Blackburn, supra; Francis v. Flinn, 118 U. S. 385, 30 L.…
1Opinion of the CourtSpalding, J.
On the 3d day of October, 1907, certain manufacturers of flour whose mills are located within this state commenced an action against Pure Food- Commissioner E. F. Ladd in the -district court of Cass county for the purpose of enjoining him from issuing or causing to be issued further circulars or bulletins condemning the flours manufactured by the plaintiffs in that action in the manner described in their complaint, and particularly the flour in the manufacture of which the process known as the-"Alsop process” was employed, and from certifying to- the county auditors the flours so manufactured…
2Cases cited10 opinions
- American School of Magnetic Healing v. McAnnultySupreme Court of the United States · 1902
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- State ex rel. Dorgan v. FiskNorth Dakota Supreme Court · 1906
- Nelson v. State Board of HealthCourt of Appeals of Kentucky · 1900
- Arbuckle v. BlackburnCourt of Appeals for the Sixth Circuit · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Medical Arts Clinic, P.C. v. Franciscan Initiatives, Inc.North Dakota Supreme Court · 1995
- Diggs v. State Board of Embalmers & Funeral DirectorsMichigan Supreme Court · 1948
- Olson v. Cass CountyNorth Dakota Supreme Court · 1977
- Sweigart v. StateIndiana Supreme Court · 1938
- Viestenz v. Arthur TownshipNorth Dakota Supreme Court · 1952
11 more not listed; retrieve them via the Exa API.