Bracey v. Darst
District Court, N.D. West Virginia
In Equity. Suit by Smith H. Bracey, Howie Mining Company, W. R. Covert, C. E. Wyatt, Augustus Tyler, and Charles La Due against John S. Darst, Auditor of the State of West Virginia, A. A. Lilly, Attorney General of the State of West Virginia, and R. L. Addleman, Prosecuting Attorney for the County of Ohio, West Viriginia. On motion for preliminary injunction.
1DissentWoods, Circuit Judge
The question to be decided under this application for a temporary injunction is whether the enforcement of the statute of West Virginia approved February 11, 1913, known as the “Blue Sky Daw,” will violate the rights of the plaintiffs under the Constitution of the United States. The plaintiff Howie Mining Company is an Arizona corporation with an authorized capital in preferred stock of 300,000 shares and common stock of 1,700,-000 shares, all of the par value of one dollar each. Its property consists of mining property in North Carolina alleged to be of great value, conveyed to the company…
2Cases cited29 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Butchers' Benevolent Ass'n v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1873
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Savage v. JonesSupreme Court of the United States · 1912
- Chicago & Grand Trunk Railway Co. v. WellmanSupreme Court of the United States · 1892
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