CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


JOHNSON V. HAYDEL, 278 U. S. 16 (1928)

Subscribe to Cases that cite 278 U. S. 16 RSS feed for this section

U.S. Supreme Court

Johnson v. Haydel, 278 U.S. 16 (1928)

Johnson v. Haydel

No. 27

Argued April 18, 1928

Decided October 15, 1928

278 U.S. 16

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

Denial of a temporary injunction to restrain enforcement of certain provisions of the Louisiana "Oyster Act" held erroneous upon the authority of Foster-Fountain Packing Co. v. Haydel, ante, p. 278 U. S. 1.

Reversed.

Appeal from an order of the District Court of three judges refusing a temporary injunction in a suit to restrain enforcement of a statute of Louisiana concerning the taking of oysters. The case was argued with the one preceding, by the same counsel.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Appellants, plaintiff below, are engaged in the business of catching and canning oysters for shipment and sale in interstate commerce. Appellees, defendants below, are public officers in Louisiana charged with the duty of enforcing Act No. 258, known as the "Oyster Act," passed in July, 1926, entitled:

"An Act To declare all oysters and parts thereof in the waters of the state to be the property of the State of Louisiana, and to provide the manner and extent of their reduction to private ownership; to encourage, protect, conserve, regulate and develop the Oyster industry of the State of Louisiana."

Plaintiffs sued to enjoin enforcement of certain of its provisions on the ground, among others, that they violate the commerce clause of the federal Constitution. The district judge granted a restraining order pending application for a temporary injunction. There was a hearing before the court, consisting of three judges, organized as required by § 266 of the Judicial Code, U.S.C. Tit. 28, § 380; it set chanroblesvirtualawlibrary

Page 278 U. S. 17

aside the restraining order and denied the injunction. Then the court allowed this appeal, found that the plaintiffs will sustain irreparable harm and damage, and stayed the enforcement of the Act pending determination here.

The purpose of this Act is the same in respect of oysters as that of Act No. 103 in respect of shrimp, considered in Foster-Fountain Packing Co. v. Haydel, ante, p. 278 U. S. 1. The challenged provisions of the one closely correspond to those of the other. The two cases present similar issues of law and fact. The showing made by plaintiffs in support of their motion for temporary injunction is substantially the same as was made in that case. Our decision there controls this case.

Decree reversed.





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED