A number of milk bottles bearing registered marks of various dairies were seized from the possession of plaintiff dairyman by defendant deputy sheriff, under a search warrant issued by defendant district judge, upon affidavit and showing by defendant deputy commissioner of agriculture that the bottles were being unlawfully used. Notice was given of a hearing to be held before the judge to determine the persons entitled to possession of the seized property. Plaintiff brought this action for an original writ of prohibition to restrain further proceedings, charging that the search warrant section of the statute under which the proceedings were authorized was unconstitutional. Held, the search warrant section of the statute violated the state constitutional provisions against unreasonable searches and seizures and against class legislation. Allen v. Trueman, (Utah, 1941) 110 P. (2d) 355.
Reed T. Phalan,
TRADE MARKS AND TRADE NAMES - UNAUTHORIZED USE OF REGISTERED VESSELS - SEARCH WARRANT,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol40/iss1/26