(DOWNLOAD) "French v. County of Lewis and Clark" by Supreme Court of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: French v. County of Lewis and Clark
- Author : Supreme Court of Montana
- Release Date : January 29, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
1. Appeal and error — Necessity of determining constitutional question. The constitutionality of a statute will not be determined unless such determination is absolutely necessary to decision on the merits of the action in which the constitutionality of the statute is drawn in question. 2. Constitutional law — Encroachment on powers of other branches of government not allowed. Neither the legislative, executive nor the judicial branch of government can encroach upon the field of the other branch. 3. Constitutional law — When court may declare legislative act unconstitutional. The judicial department in the exercise of judicial power vested in it by Constitution cannot exercise that power to declare unconstitutional a legislative act unless necessary to protect citizen or person within its jurisdiction in a right that is threatened or invaded. 4. Pleading. The facts stated in the complaint are to be taken as true on demurrer. 5. Licenses — Photographers board cannot prosecute violations of the statute. The provision of the act relating to licensing of photographers, creating photographers license fund to be used only in defraying expenses of the state board of examiners in photography and in the prosecution of violations of the act, does not confer authority on the board to prosecute violations of the act, either in equity or by criminal prosecution against non-licensed photographers. 6. Injunction — Remedy by injunction not available in case at bar. Under the statute prohibiting the granting of specific or preventive relief to enforce penal law except in the case of nuisance, the defendant could not be enjoined from practicing photography profession without a license, where the statute declared the practice of photography without a license was a crime but did not declare such practice a nuisance, and the statute defining nuisance did not make the taking of pictures a nuisance. 7. Constitutional law — Constitutionality of photographers licensing act could not be considered. In an action to enjoin a photographer from practicing his profession without a license, the constitutionality of the statute relating to licensing of photographers could not be considered, where the court did not have jurisdiction to grant injunctive relief. Page 365
 "French v. County of Lewis and Clark" by Supreme Court of Montana # eBook PDF Kindle ePub Free){kind=link}