LEMKE, AS ATTORNEY GENERAL OF THE STATE OF NORTH DAKOTA, ET AL.
v.
HOMER FARMERS ELEVATOR COMPANY ET AL.
Mr. Justice Day delivered the opinion of the court.
This suit was brought by companies representing 692 elevators in the State of North Dakota to enjoin the enforcement of the North Dakota Grain Grading and Inspection Act, c. 138 of the Laws of North Dakota of 1919. This act was considered and passed upon in No. 456, just decided, ante, 50.
The matter was heard before three judges, and a temporary injunction was granted upon the authority of the decree of the Circuit Court of Appeals which we have just reviewed, and affirmed. Appeal from that order was taken to this court. The. facts are not materially different from those presented in the former case, and the reasons therein stated for the conclusion reached are controlling here, and need not be repeated.
The order of the District Court is
Affirmed.
Mr. Justice Holmes, Mr. Justice Brandéis, and Mr. Justice Clarke dissent.
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Fla. Lime & Avocado Growers, Inc. v. Jacobsen, 362 U.S. 73 (U.S. 1960)…re were also cases like the present one, where non-constitutional as well as constitutional claims were made, in which the Court accepted jurisdiction. See Louisville & Nashville R. Co. v. Garrett, 231 U. S. 298; Lemke v. Homer Farmers Elevator Co., 258 U. S. 65 (Lemke II); Cavanaugh v. Looney, 248 U. S. 453; Shafer v. Farmers Grain Co., 268 U. S. 189. Of these cases, only Louisville & Nashville R. Co. v. Garrett gave any attention whatsoever to jurisdictional considerations, and in that case there was no d…1 / 3
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White v. United States, 48 F.2d 178 (10th Cir. 1931)…ence of such a stipulation, the review of an action at law tried to the court is limited to questions arising on the process, pleadings or judgment. Commissioners of Road Improvement Dist. No. 2 v. St. Louis Southwestern Ry. Co., 257 U. S. 547, 562, 42 S. Ct. 250, 66 L. Ed. 364; Duignan v. United States, 274 U. S. 195, 198,199, 47 S. Ct. 566, 71 L. Ed. 996; Spalding v. Manasse, 131 U. S. 65, 9 S. Ct. 649, 33 L. Ed. 86; Dundee Mtg. & T. Co. v. Hughes, 124 U. S. 157, 8 S. Ct. 377, 31 L. Ed. 357; North River In…
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Howbert v. Penrose, 38 F.2d 577 (10th Cir. 1930)…; Wheeler v. Sohmer, 233 U. S. 434, 34 S. Ct. 607, 58 L. Ed. 1030; De Ganay v. Lederer, 250 U. S. 376, 39 S. Ct. 524, 63 L. Ed. 1042; Maguire v. Trefry, 253 U. S. 12, 40 S. Ct. 417, 64 L. Ed. 739; Critchton v. Wingfield, 258 U. S. 66, 42 S. Ct. 229, 66 L. Ed. 467. That certificates of stock are but evidence of ownership, and that the ownership follows the owner, and not the certificates, is still a settled principle of our law. Blodgett v. Silberman, 277 U. S. 1, 9, 48 S. Ct. 410, 413, 72 L. Ed. 749, and cas…
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