Montgomery Ward & Co. v. Nelson

— The motion filed herein is in the main similar to that filed in Sears, Roebuck & Company v. Nelson, 230 Iowa 936, 299 N. W. 398, this day decided. In this case, as in that, the decree of the district court was affirmed by this court. Montgomery Ward & Company v. Roddewig, 228 Iowa 1301, 292 N. W. 142. On review by certiorari, the Supreme Court of the United States reversed the decision. Nelson v. Montgomery Ward & Company, 312 U. S. 373, 61 S. Ct. 593, 85 L. Ed. 529.

One difference in the two situations is that in this case appellee pleaded the. unconstitutionality of the act under both the…