Grenada Lumber Co. v. State ex rel. Attorney General

Citations

• 98 Miss. 536
• 54 So. 8

Syllabus

<p>1. Chancery Court. Jurisdiction. — “Civil causes.” Code 1906, Section 5004. Constitution 1890, section 147.</p> <p>Where the chancery court has taken jurisdiction of an action to recover the penalties denounced by Code 1906, § 5004, for violation of the anti-trust law, the supreme court will not reverse on the ground of want of jurisdiction alone as such action is a “civil” and not a criminal action within the Constitution 1890, § 147.</p> <p>2. Code 1906, Section 5004, Penalties.</p> <p>Each and every person violating the provisions of Code 1906, § 5004 is severally liable to the penalties therein imposed for the full amount of the penalty which the court may see fit to impose, from the minimum to the maximum fixed by the statute.</p> <p>3. Statute oe Limitations — “Civil cases.” .</p> <p>An action by the state to recover the penalties under Code 1906, § 5004, is a civil action and no statute of limitations runs against the state in such case.</p> <p>■4. Constitution oe the United States. Confiscation. Demurrer.</p> <p>Whether the penalties imposed by Code 1906, § 5004, are confiscatory and therefore violative of the equal protection and due process clauses of the Fourteenth Amendment of the Constitution of the United States, cannot be considered on bill and demurrer, where there is no allegation as to the property owned by the defendant.</p>