Bain Peanut Co. v. Pinson, 282 U.S. 499 (1931)

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Bain Peanut Co. v. Pinson

No. 49

Argued January 12, 1931
Decided February 24, 1931
282 U.S. 499

APPEAL FROM THE COURT OF CIVIL APPEALS FOR THE

ELEVENTH JUDICIAL DISTRICT, STATE OF TEXAS

Syllabus

1. A judgment of an intermediate state court upholding he constitutionality of a state statute over objections based on the federal Constitution, and as to which the supreme court of the state dismissed an application for a writ of error "for want of jurisdiction,"held reviewable here, it appearing that, under the local law, the effect (though not the form) of the action of the supreme court was to affirm the judgment of the intermediate court on the constitutional question. P. 500.

2. A state law allowing suits to be brought against private corporations in any county in which the cause of action arose, but against individuals, in like cases, only in the counties where they reside, held not repugnant to the equal protection clause of the Fourteenth Amendment. P. 501.

19 S.W. 2d 203 affirmed.

Appeal from a judgment of the Court of Civil Appeals of Texas affirming recovery by Pinson and Guyger from the Peanut Company in an action on a contract. For earlier phases of the litigation, see 273 S.W. 655; 287 id. 87; 292 id. 204, and 294 id. 536. After the argument here, the appeal was ordered dismissed for want of jurisdiction. See post, p. 811. It now appearing from an explanatory statement by the Supreme Court of Texas that its jurisdiction over the constitutional question was in fact exercised, the dismissal is set aside, but the judgment is affirmed upon the merits.