Southern Cotton Oil Co. v. Texas, 197 U.S. 134 (1905)

U.S. Supreme Court

Southern Cotton Oil Co. v. Texas, 197 U.S. 134 (1905) Southern Cotton Oil Company v. Texas

No. 38

Argued November 1-2, 1904

Decided February 27, 1905

197 U.S. 134

ERROR TO THE COURT OF CIVIL APPEALS IN AND FOR THE

THIRD SUPREME JUDICIAL DISTRICT OF THE STATE OF TEXAS

Syllabus

Decided on the authority of National Cotton Oil Co. v. Texas, ante, p. 197 U. S. 115.

The facts are stated in the opinion.

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 antitrust statutes of the state. The violation of the statutes alleged against it is the same as that alleged against the National Cotton Oil Company, the preceding case. 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

Page 197 U. S. 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.