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.
1Opinion of the Court
DAYTON, District Judge.
[1] This hearing is had under the provisions of section 266 of the Judicial Code of the United States (Comp. St. 1913, § 1243), upon application of the plaintiffs for a temporary injunction to restrain the state officers, named as defendants, from prosecuting criminal proceedings against the individual plaintiffs for alleged violations of an act of the Legislature approved February 11, 1913, commonly known as the “Blue Sky Law.”
The act is charged to be unconstitutional, invalid, and void: (1) Be*484cause it deprives them of their rights to sell in the state of West Virginia…
2Cases cited16 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Brown v. MarylandSupreme Court of the United States · 1827
- Bank of Augusta v. EarleSupreme Court of the United States · 1839
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- Railroad Co. v. HusenSupreme Court of the United States · 1878
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3Cited by11 opinions
- People v. PaceCalifornia Court of Appeal · 1925
- Oklahoma-Texas Trust v. Securities & Exchange CommissionCourt of Appeals for the Tenth Circuit · 1939
- George Cutter Co. v. Metropolitan Electric Mfg. Co.Court of Appeals for the Second Circuit · 1921
- Brocalsa Chemical Co. v. LangsenkampCourt of Appeals for the Sixth Circuit · 1929
- State v. MingeSupreme Court of Florida · 1935
6 more not listed; retrieve them via the Exa API.