Safeway Stores Inc. v. Diefendorf

Decision Date28 April 1934
Docket Number6091
CitationSafeway Stores Inc. v. Diefendorf, 32 P.2d 798, 54 Idaho 407 (Idaho 1934)
PartiesSAFEWAY STORES INC., a Corporation, Appellant, v. BEN DIEFENDORF, Commissioner of Finance of the State of Idaho, and B. H. MILLER, Attorney General of the State of Idaho, Respondents
CourtIdaho Supreme Court

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles E. Winstead, Judge.

Action attacking the constitutionality of chapter 113, Idaho Session Laws, 1933. From judgment dismissing plaintiff's complaint, upon failure to further plead after the court had sustained defendants' general demurrer to the complaint, plaintiff appeals. Affirmed.

Judgment affirmed, with costs awarded to respondents. Petition for rehearing denied.

Hoyt E. Ray and Frawley and Barnes, for Appellant.

B. H. Miller, Attorney General, Leo M. Bresnahan, Assistant Attorney General, and Richards and Haga, for Respondents.

WERNETTE, J. Budge, C. J., and Givens, Morgan and Holden, JJ., concur.

OPINION

WERNETTE, J.

The law applicable to J. C. Penney Company v. Diefendorf, ante, p. 374, 32 P.2d 784, argued and submitted at this term, is decisive of this case. Upon the authority of the opinion in that case the judgment in this case is affirmed, with costs awarded to respondents.

Budge, C. J., and Givens, Morgan and Holden, JJ., concur.

Petition for rehearing denied.

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3 cases
  • Eberle v. Nielson
    • United States
    • Idaho Supreme Court
    • February 13, 1957
    ...v. Morris, 28 Idaho 599, 155 P. 296, L.R.A.1916D, 573; J. C. Penney Co. v. Diefendorf, 54 Idaho 374, 32 P.2d 784; Safeway Stores, Inc., v. Diefendorf, 54 Idaho 407, 32 P.2d 798; Garrett Transfer & Storage Co. v. Pfost, 54 Idaho 576, 33 P.2d In construing our State Constitution there are als......
  • J. C. Penney Company v. Diefendorf
    • United States
    • Idaho Supreme Court
    • April 28, 1934
    ... ... distributing plants from progressively graduated license tax ... on multiple stores operating under single management held not ... violative of constitutional provisions requiring ... Dahlheim, 126 Ky. 26, 102 S.W. 829; City of Danville v ... Quaker Maid Inc., 211 Ky. 677, 278 S.W. 98, 43 A. L. R. 590.) ... The ... court erred in sustaining the ... renting it where the business is being conducted. In the ... companion case of Safeway Stores v. Diefendorf, ... argued and submitted to this court for decision upon the same ... ...
  • Safeway Stores, Inc. v. City of Portland
    • United States
    • Oregon Supreme Court
    • March 12, 1935
    ... ... 61451, is not in conflict with section 32 of article 1, section 1 of article 9, nor section 20 of article 1, of the Constitution of Oregon. Standard Lumber Co. v. Pierce, [149 Or. 595] supra; Kellaher v. City of Portland, supra; J. C. Penney Co. v. Diefendorf (Idaho) 32 P.2d 784, 794; Safeway Stores, Inc., v. Diefendorf (Idaho) 32 P.2d 798; State Board of Tax Com'rs v. Jackson, 283 U.S. 527, 51 S.Ct. 540, 75 L.Ed. 1248, 73 A. L. R. 1464; and Liggett Co. v. Lee, 288 U.S. 517, 53 S.Ct. 481, 77 L.Ed. 929, notes in 85 A. L. R. 699. In the very ... ...