Safeway Stores Inc. v. Diefendorf
| Decision Date | 28 April 1934 |
| Docket Number | 6091 |
| Citation | Safeway Stores Inc. v. Diefendorf, 32 P.2d 798, 54 Idaho 407 (Idaho 1934) |
| Parties | SAFEWAY 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 |
| Court | Idaho 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.
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.
Petition for rehearing denied.
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Eberle v. Nielson
...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......
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J. C. Penney Company v. Diefendorf
... ... 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 ... ...
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Safeway Stores, Inc. v. City of Portland
... ... 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 ... ...