Standard Home Co. v. Davis
District Court, E.D. Arkansas
In Equity. Suit by the Standard Home Company against John M. Davis, Bank Commissioner of the State of Arkansas, and others. On motion to dismiss. The plaintiff seeks to enjoin the enforcement of what is known as the “blue sky law” of the state of Arkansas, enacted by the General Assembly of 1913, upon the ground of its unconstitutionality. The defendants filed a motion to dismiss for failure to state a cause of action, the plaintiff not asking for a-temporary injunction.
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In Equity. Suit by the Standard Home Company against John M. Davis, Bank Commissioner of the State of Arkansas, and others. On motion to dismiss. The plaintiff seeks to enjoin the enforcement of what is known as the “blue sky law” of the state of Arkansas, enacted by the General Assembly of 1913, upon the ground of its unconstitutionality. The defendants filed a motion to dismiss for failure to state a cause of action, the plaintiff not asking for a-temporary injunction. In order that the issues involved may be fully understood, a copy of the act, as approved March 28, 3913, is here set…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [ 1 ] It is a well-settled rule of law that a statute will not be declared unconstitutional at the instance of one not affected by it. Williams v. Walsh, 222 U. S. 415, 423, 32 Sup. Ct. 137, 56 L. Ed. 253; Murphy v. California, 225 U. S. 623, 32 Sup. Ct. 697, 56 L. Ed. 1229, 41 L. R. A. (N. S.) 153; Rosenthal v. New York, 226 U. S. 260, 271, 33 Sup. Ct. 27, 57 L. Ed. 212, Ann. Cas. 1914B, 71; Missouri, K. & T. R. R. Co. v. Cade, 233 U. S. 642, 650, 34 Sup. Ct. 678, 58 L. Ed. 1135. Applying this rule, a number of the grounds upon which the plaintiff attacks…
2Cases cited32 opinions
- Hale v. HenkelSupreme Court of the United States · 1906
- United States v. GrimaudSupreme Court of the United States · 1911
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- German Alliance Insurance v. LewisSupreme Court of the United States · 1914
- Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
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3Cited by10 opinions
- State v. EvansSupreme Court of Minnesota · 1922
- Bagley Co., Inc. v. CameronSupreme Court of Pennsylvania · 1924
- Bowles v. ChewDistrict Court, N.D. California · 1944
- Ashley & Rumelin v. BradyIdaho Supreme Court · 1925
- In re MacNamaraNew York Supreme Court · 1926
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