State v. Crosby Bros. Mercantile Co.
Cases that cite this one
8 later published cases cite this decision.
- State v. Dickey (Kan. 2016)
- Steffey v. City of Casper (Wyo. 1961)
- Medford v. Board of Trustees of Park College (Kan. 1946)
- State ex rel. Parker v. Stonehouse Drainage District, No. 1 (Kan. 1940)
- State Ex Rel. Stephan v. PEPSI-COLA GEN'L BOTTLERS, INC (Kan. 1983)
- State ex rel. Stephan v. Pepsi-Cola General Bottlers, Inc. (Kan. 1983)
- Cushenbery v. Shanahan (Kan. 1963)
- Rodriguez Ex Rel. Rodriguez v. Cascade Laundry Co. (Kan. 1959)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In petitions for a rehearing filed by the several defendants herein, some mere defects of pleading are now urged against the informations, which were not directed to our attention when the appeals were formally presented, and to which no reference can be noted in the briefs of counsel.. The briefs and arguments of counsel were properly devoted to the weighty and difficult questions involved in the interpretation ol the trading-stamp act, the history ,of similar litigation in other jurisdictions, and the constitutional questions involved. Any defects in the mere art of pleading which may inhere in the in-formations were waived, and this court will not now consider them.
The court is urged to say whether under any circumstances a trading-stamp company which is not engaged in merchandising’on its own account can prosecute its trading-stamp business in Kansas without a license, but we can only decide questions which are squarely involved and squarely presented in an appeal; and if the court should now give a dogmatic negative to this question, it would only be dictum, and nobody would be bound by it.
Rehearing denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.