(Download) "Department State Et Al. v. Kroger Grocery" by 794. Supreme Court of Indiana No. 27 ~ Book PDF Kindle ePub Free
eBook details
- Title: Department State Et Al. v. Kroger Grocery
- Author : 794. Supreme Court of Indiana No. 27
- Release Date : January 02, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
SHAKE, J. The appellee sought and obtained from the Superior Court of Marion County, Room No. 2, a declaratory judgment to the effect that certain described vitamin tablets which the appellee was engaged in selling at retail in its grocery stores were accessory food factors and did not contain any chemical, drug, or medicine which was poisonous; and that the sale of such tablets by the appellee was not subject to the provisions of the Act of 1899, Chapter 108, as amended, or Acts of 1927, Chapter 40, §§ 63-1101 to 63-1212, Burns' 1933, §§ 13275 to 13307, Baldwin's 1934. Said acts regulate the sale of poisonous drugs, create the board of pharmacy and define its duties, provide for the licensing of registered pharmacists and the issuance of permits to operate drug stores, pharmacies, pharmacy departments, and apothecary shops. Both acts provide penalties for the violation thereof. On appeal to the Appellate Court of Indiana the judgment was affirmed. 40 N.E.2d 371, 41 N.E.2d 952. The transfer to this court was granted under § 4-215, Burns' 1933. Subsequent to the transfer, oral argument was heard at which it was suggested that counsel submit supplemental briefs on the question of whether an action of this character is maintainable under the Declaratory Judgments Acts, § 3-1101 et seq., Burns' 1933, § 438 et seq., Baldwin's 1934. Such briefs were filed.
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