Opinion
No. 6091.
April 28, 1934.
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles E. Winstead, Judge.
Action attacking the constitutionality of chapter 113, Idaho Session Laws, 1933. From judgment dismissing plaintiff's complaint, upon failure to further plead after the court had sustained defendants' general demurrer to the complaint, plaintiff appeals. Affirmed.
Hoyt E. Ray and Frawley and Barnes, for Appellant.
B.H. Miller, Attorney General, Leo M. Bresnahan, Assistant Attorney General, and Richards and Haga, for Respondents.
The law applicable to J. C. Penney Company v. Diefendorf, ante, p. 374, 32 P.2d 784, argued and submitted at this term, is decisive of this case. Upon the authority of the opinion in that case the judgment in this case is affirmed, with costs awarded to respondents.
Budge, C. J., and Givens, Morgan and Holden, JJ., concur.
Petition for rehearing denied.