Barry v. Compton

26 P.2d 359, 37 N.M. 599
CourtNew Mexico Supreme Court
DecidedOctober 23, 1933
DocketNo. 3916.
StatusPublished
Cited by1 cases

This text of 26 P.2d 359 (Barry v. Compton) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barry v. Compton, 26 P.2d 359, 37 N.M. 599 (N.M. 1933).

Opinion

WATSON, Chief Justice.

John H. Barry, proprietor of a retail hardware establishment, and W. T. Stalcup, an employee thereof, for themselves and in behalf of others similarly situated, sued to enjoin J. C. Compton, district attorney, and E. B. Eastham, county sheriff, from enforcing Laws 1933, c. 149, limiting the hours of labor of male employees in mercantile establishments.

The defendants demurred to the complaint, and, their demurrer being overruled, refused to plead further, and have appealed from the final judgment awarding the relief prayed for.

There are no contentions of error here other than that the learned trial judge erred in holding the statute unconstitutional. State v. Henry, 37 N. M. 536, 25 P.(2d) 204, is therefore controlling of.this case.

The judgment will be affirmed and the cause remanded. It is so ordered.

SADLER, HUDSPETH, BIOKLEY, and ZINN, JJ., concur.

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Related

City of Albuquerque v. Burrell
326 P.2d 1088 (New Mexico Supreme Court, 1958)

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Bluebook (online)
26 P.2d 359, 37 N.M. 599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barry-v-compton-nm-1933.