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[Download] "Dairy Belle, Inc. v. Freeland" by Supreme Court of Kansas * eBook PDF Kindle ePub Free

Dairy Belle, Inc. v. Freeland

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eBook details

  • Title: Dairy Belle, Inc. v. Freeland
  • Author : Supreme Court of Kansas
  • Release Date : January 12, 1953
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 62 KB

Description

The opinion of the court was delivered by This appeal was originally submitted on November 3, 1952. The
questions involved were a construction and the constitutionality
[175 Kan. 345]
of G.S. 1949, 65-720 and 721. Before this appeal was decided the
legislature at the session for 1953 enacted house bill 458. This
is now chapter 8, Laws of 1953. This chapter dealt with the same
or similar subject matter as G.S. 1949, 65-720 and 721 and
contained a provision that it should be supplemental to existing
statutes and should not be deemed as repealing any section of the
dairy law of the state. The relief for which plaintiff had asked
was an injunction to enjoin public officers from enforcing a
statute and any judgment in favor of plaintiff would operate in
futuro. We decided, therefore, to have the benefit of briefs and
arguments from counsel on the effect, if any, to be given chapter
8, Laws of 1953, and the constitutionality of that act. (See Ash
v. Gibson, 146 Kan. 756, 74 P.2d 136.) The appeal was on May 14,
1953, reset for argument on November 2, 1953, on the effect to be
given the above chapter. Briefs were filed and oral arguments
were had on that day. This appeal has now been finally submitted
on the question of the construction and constitutionality of G.S.
1949, 65-720 and 721, and the effect to be given chapter 8, Laws
of 1953, under all the surrounding facts and circumstances.
Although our order of May 14, 1953, ordered argument on the
effect to be given chapter 8, Laws of 1953, counsel have argued
also the question of the constitutionality of that chapter. We
shall consider both question as well as the questions formerly
submitted.


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