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STATE WINS OUT IN COURT CASE Gets Favorable Action in Tobacco Company. ON PENALTY ISSUE High Court Holds Domestication Act in Part Constitutional-$7,000 for State. An opinion regarded by state officials of considerable importance as handed down yesterday morning was in the state supreme court when that body ruled that parts of certain do with domestication act, having to of foreign was constitutional, and that therefore the company directly involved was liable to over two years' period, penalty, of $10 per day. In this one the opinion means $7,300 to and in other cases pendthe state nature, considerable of like larger ing, sum is probably involved case was that the state appellant, against the Liggett and Myers and Tobacco Anderson the opinwas from W Cothran, acting ion being by The action was beassociate justice. 1931 to from the togun in which bacco company be due state under claimed to the 1922 statute, it bethat the company with that law. The failed to comply held the act untobacco company the that it on took from the defendant its also without due contended that the elaim of the state and that the two was for of limitations against year statute claim. The act in question such provided how foreign companies and promight become vided penalty of $10 day for failing Greene Makes Ruling first heard by Judge The case Greene trial being waived. The circuit judge declared and dismissed the act of the state, which the complaint appealed to the supreme court. Justice Cothran in his opinion holds that two sections of the act are unconstitutional. that the other sections are valid. The two sections have to do with the collection of certain fees by the state The sections have to do with the taking out of pathe penalty for failing to pers The high court holds that do so the two-year statute limitations applies to the demand for the penalty the about $7,300 instead of $34,200 for which the originally brought The primary purpose of the the reads. "was to the state some authority over foreign corporations doing business preparing do business in the state, without The circuit is reversed and the plaintiff is to have judgment against the tobacco under the terms of the From Marion County An opinion, affirming the action of the court. was also filed in the case the South State on behalf Rogers respondent, against Citizens bank as receiver the Farmers and Merchants' bank of Marion. This was an appeal from an order of Judge Dennis the claim filed by the State bank on behalf Rogto be paid preferred The was about $1,279 The opinion was by Jesse Carter, associate justice. dissenting opinion M. L. Bonham, associate justice.