Kennington v. Palmer, 255 U.S. 100 (1921)

Kennington v. Palmer


No. 37


Argued October 19, 20, 1920
Decided February 28, 1921
255 U.S. 100

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

Syllabus

1. Decided, as to the unconstitutionality of part of the Food Control Act, upon the authority of United States v. Cohen Grocery Co., ante,81.

2. Equity will enjoin criminal prosecutions threatened under a void statute, the legal remedy being inadequate.

Reversed.

Bill to enjoin criminal prosecutions against dealers in wearing apparel under § 4 of the Food Control Act.