Southern Cotton Oil Co. v. Texas

Supreme Court

Southern Cotton Oil Co. v. Texas

197 U.S. 134, 25 S. Ct. 383, 49 L. Ed. 696, 1905 U.S. LEXIS 1223

CourtSupreme Court of the United States

DecidedFebruary 27, 1905

Docket38

StatusPublished

This text of 197 U.S. 134 (Southern Cotton Oil Co. v. Texas) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Cotton Oil Co. v. Texas, 197 U.S. 134, 25 S. Ct. 383, 49 L. Ed. 696, 1905 U.S. LEXIS 1223 (1905).

Pincite

Opinion

Mr. Justice McKenna

delivered the opinion of the court.

The Southern Cotton Oil Company is a New Jersey corporation doing business in the State of Texas by virtue of a permit issued June 3, 1897, under the laws of the State. The object of this suit is to forfeit the permit of the company for the violation of the Anti-Trust Statutes of the State. The violation of the statutes alleged against it is the same as that alleged against the National Cotton Oil Company; the preceding case. The defenses are the same, and were presented by demurrer. The demurrer was overruled, and, the Southern Cotton Oil Company declining to plead further, judgment was entered forfeiting its permit to do business, in the State, except such as might be and constitute interstate commerce. The judgment was affirmed by the Court of Civil Appeals. A *135 rehearing was denied, and a writ of error from the Supreme Court of the State refused. This writ of error was then sued out.

The questions are identical with those presented in the preceding case, and on its authority the judgment -of the Court of Civil Appeals is

Affirmed.

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Mr. Justice McKenna

delivered the opinion of the court.

The Southern Cotton Oil Company is a New Jersey corporation doing business in the State of Texas by virtue of a permit issued June 3, 1897, under the laws of the State. The object of this suit is to forfeit the permit of the company for the violation of the Anti-Trust Statutes of the State. The violation of the statutes alleged against it is the same as that alleged against the National Cotton Oil Company; the preceding case. The defenses are the same, and were presented by demurrer. The demurrer was overruled, and, the Southern Cotton Oil Company declining to plead further, judgment was entered forfeiting its permit to do business, in the State, except such as might be and constitute interstate commerce. The judgment was affirmed by the Court of Civil Appeals. A *135 rehearing was denied, and a writ of error from the Supreme Court of the State refused. This writ of error was then sued out.

The questions are identical with those presented in the preceding case, and on its authority the judgment -of the Court of Civil Appeals is

Affirmed.

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Bluebook (online)

197 U.S. 134, 25 S. Ct. 383, 49 L. Ed. 696, 1905 U.S. LEXIS 1223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-cotton-oil-co-v-texas-scotus-1905.