Kennington v. Palmer

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Court Documents

United States Supreme Court

255 U.S. 100

KENNINGTON ET AL.  v.  PALMER ET AL.

Appeal from the District Court of the United States for the Southern District of Mississippi.

No. 367.  Argued: October 19, 20, 1920. --- Decided: February 28, 1921.


Statement of the Case.

  1. Decided, as to the unconstitutionality of part of the Food Control Act, upon the authority of United States v. Cohen Grocery Co., ante81.

  2. Equity will enjoin criminal prosecutions threatened under a void statute, the legal remedy being inadequate.

Reversed.


Bill to enjoin criminal prosecutions against dealers in wearing apparel under § 4 of the Food Control Act.


Argument for Appellees.

The Solicitor General, for appellees, in addition to the points presented in the preceding cases, argued that the act does not take property without due process of law. There was no contention that a mere failure to conform to prices fixed by a fair-price committee can be made the basis of a criminal prosecution.


Counsel for Parties.

Mr. William L. Frierson, Solicitor General for the appellees.

The Attorney General, for respondents.

Mr. Garner Wynn Green, with whom Mr. Marcellus Green, both of Jackson, Mississippi, and Mr. Wm. H. Watkins were on the briefs, for appellants.


Mr. Chief Justice WHITE delivered the opinion of the Court.


Notes[edit]


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).