Hecke
Gregory v. Hecke
Opinion
Lead Opinion
Thompson, J.
This is an appeal from a judgment by default entered against defendant for failure to answer the petition for a writ of prohibition, after a general demurrer thereto had been overruled.
The writ prohibits appellant from proceeding pursuant to the provisions of the California Economic Poison Act of 1921 (Stats. 1921, p. 1259), to hear or revoke respondent’s license to manufacture and sell a compound known as ‘ ‘ QuaSul,” a germicide intended for the purpose of eradicating mildew, aphis, codlin-moth, germs and fungoid diseases of plants and trees.
The petition alleges that for a number of years the petitioner has been engaged in the manufacture and sale of this “Qua-Sul”; that it is intended for use as a germicide for treatment of diseases of trees and plants, and for the destroying of the larvae of various pests; that he has established a large demand and market for this germicide of the value of several thousand dollars; that for several years he had been licensed to conduct this business, and on June 4, 1923, he had paid appellant the required license fee of fifty dollars for registration for the ensuing year; that subsequently, on August 13, 1923, appellant instituted…