Legal Opinion
Risty v. Chicago, R. I. &. P. Ry. Co.
Court of Appeals for the Eighth Circuit
Decided March 18, 1924No. Nos. 6312-6317PublishedCited by 12 opinions
1Opinion of the CourtKenyon, Circuit Judge
(after stating the facts as above). It is earnestly contended by appellees that the entire South Dakota drainage law is unconstitutional, not only as violative of the due process clause of the Fourteenth Amendment of the Federal Constitution, but also of sections 2 and 13 of article 6 of the South Dakota Constitution. The constitutional questions raised are grave, serious, and doubtful. Their determination is not necessary to the solution of these cases. Therefore, under the well-established rule that federal courts will not *715pass upon the constitutionality of statutes unless absolutely…
2Cases cited45 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Taylor v. SecorSupreme Court of the United States · 1876
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
- Siler v. Louisville & Nashville RailroadSupreme Court of the United States · 1909
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3Cited by12 opinions
- Risty v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1926
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. RistySupreme Court of the United States · 1928
- North Side Canal Co. v. State Board of Equalization of WyomingCourt of Appeals for the Eighth Circuit · 1926
- Jefferson v. Gypsy Oil Co.Court of Appeals for the Eighth Circuit · 1928
- INVESTORS'GUARANTY CORPORATION v. LuikartCourt of Appeals for the Eighth Circuit · 1925
7 more not listed; retrieve them via the Exa API.