| Show UNCONSTITUTIONAL U N A mo Court Declares sa Chapter 07 17 Of f If Session n 11 of ot 1101 Time Tho hl supreme court this timis afternoon handed hn down dawn an aim al opinion in which It I declares de that chapter Clot time tho l laws of O 1001 IDOl Is IR unconstitutional hence halce null nul amid Void rime Tho tn In II which tho opinion is I rendered In k II that ot of Sol Sd 4 Block arm VH vs Samuel Sumuel Ta I Schwartz z defendant and John Julia Mann Maim intervenor and appellant ant The action WilS brought In a justices court in this city to tv IC ie cover OVer 2747 for merchandise sold Bold and amid delivered d l rell to defendant Schwartz An attachment was WB Issued I amid tho time goods goo 1 were attached whIle In tho the po possession se lon of ot time tho intervener Intervenor Joui Jom Mann to whom Schwartz timid hud hlll previously eold the tho coma samu saro for tor time sum of In tho the justices court Judgment Ju 1 rent was entered In lit II tarot favor 1101 of ot the timo Intervenor but upon appeal to the Iho district tl court this judgment was Wt reversed und amid 1111 time the sale ot of the tho goods by hy Schwartz to Mann wan mine held to bo be fraudulent and Ind void under the tha above referred to and amid Ild Judgment was mus WI rendered in tarot favor of ot plaintiff From l rol this Judgment title this appeal to tho the su so premo court was Willi taken token The Time statute in question regulates tho tito pale emlo of merchandise In bulk and pro other othor things that an nn III In Inventory of tho time goods to bo Wi sold oid must bo be published at least idiot five days da 8 before such sale Violation of pf this statute Is made punishable hablo by bya a n flume IlM of ot from tram GO 10 to SOD Neither the tho intervenor nor time thu defend nut ant alit in in JI thin tillS mis case In l such Buch u t v nut ant alit in in JI thin tillS mis case In u v tory of or tho time goods sold ns as required by bytha b biho time tha statute Ill III declaring the tho statute unconstitutional lanai tho time court holds that It tt deprives of ot ono one of Its lis chief at nt attributes attributes tributes and porno persons ot of tho the liberty to dispose of property as ns others may It deprives the tho persons to whom It applIes of ot a 1 right of oC property without duo process ot or law In hence It Is unconstitutional and amid void old and tho time of ot tIme lower court is 18 reversed |
