Legal Opinion

Arkansas Building and Loan Assn. v. Madden

Supreme Court of the United States

Decided December 4, 1899No. 68PublishedCited by 42 opinions

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. By an act of the State of Texas approved April 3, 1889, (Laws Tex. 1889, c. 78, p. 87,) foreign corporations for pecuniary profit, with some exceptions not material here, desiring to do business in the State of Texas were required to file with the secretary of State a duly certified copy of their articles of incorporation and obtain a permit to transact business in the State, paying a fee…

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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF TEXAS. By an act of the State of Texas approved April 3, 1889, (Laws Tex. 1889, c. 78, p. 87,) foreign corporations for pecuniary profit, with some exceptions not material here, desiring to do business in the State of Texas were required to file with the secretary of State a duly certified copy of their articles of incorporation and obtain a permit to transact business in the State, paying a fee therefor, the permit not to be issued for a period longer than ten years from the date of the filing. By an act approved…

1Opinion of the CourtChief Justice Fuller

The rule is that the collection of taxes under state authority will not be enjoined by a court of the United States on the sole ground that the tax is illegal, but it must appear that the party taxed has no adequate remedy by the ordinary processes of the law, and that there are special circumstances -bringing the case within some recognized head of equity jurisdiction. Pittsburg &c. Railway v. Board of Public Works, 172 U. S. 32; Shelton v. Platt, 139 U. S. 591; Dows v. Chicago, 11 Wall. 108, 112.

In Dows v. Chicago, which has been frequently cited with approval, it was said by Mr. Justice…

2Cases cited8 opinions

  1. Dows v. City of ChicagoSupreme Court of the United States · 1871
  2. Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
  3. Swift & Co. v. United StatesSupreme Court of the United States · 1884
  4. Shelton v. PlattSupreme Court of the United States · 1891
  5. Pittsburgh &C. Railway v. Board of Public WorksSupreme Court of the United States · 1898

3 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Matthews v. RodgersSupreme Court of the United States · 1932
  2. Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
  3. Union Pacific Railroad v. Board of County CommissionersSupreme Court of the United States · 1918
  4. Henrietta Mills v. Rutherford CountySupreme Court of the United States · 1930
  5. Gaar, Scott & Co. v. ShannonSupreme Court of the United States · 1912

37 more not listed; retrieve them via the Exa API.

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