SOUTHERN COTTON OIL CO v. STATE OF TEXAS

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United States Supreme Court

SOUTHERN COTTON OIL CO v. STATE OF TEXAS, (1905)

No. 38

Argued:     Decided: February 27, 1905

Messrs. William V. Rowe, R. S. Lovett, Ralph Oakley, and James A. Baker for plaintiffs in error.

Mr. C. K. Bell for defendant in error.

Mr. Justice McKenna delivered the opinion of the court:

The Southern Cotton Oil Company is a New Jersey corporation doing business in the state of Texas by virtue of a permit issued June 3, 1897, under the laws of the state. The object of this suit is to forfeit the permit of the company for the violation of the anti-trust statutes of the state. The violation of the statutes alleged against it is the same as that alleged against the National Cotton Oil Company in No. 37. [National Cotton Oil Co. v. Texas, 197 U.S. 115 , 25 Sup. Ct. Rep. 379, 49 L. ed. --.] The defenses are the same, and were presented by demurrer. The demurrer was overruled, and, the Southern Cotton Oil Company declining to plead further, judgment was entered forfeiting its permit to do business in the state, except such as might be and constitute interstate commerce. The judgment was affirmed by the court of civil appeals. A [197 U.S. 134, 135]   rehearing was denied, and a writ of error from the supreme court refused. This writ of error was then sued out.

The questions are identical with those presented in No. 37, and on its authority the judgment of the Court of Civil Appeals is affirmed.

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