Hannewinkle v. Georgetown
Supreme Court of the United States
Appeal from a decree of the Supreme Court of the District of Columbia. Hannewinkle filed his bill against the corporation of the city of Georgetown and its collector of taxes, to enjoin them from selling certain real estate for a tax claimed by the corporation under a certain act of Congress) which made part of the city charter.
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Appeal from a decree of the Supreme Court of the District of Columbia. Hannewinkle filed his bill against the corporation of the city of Georgetown and its collector of taxes, to enjoin them from selling certain real estate for a tax claimed by the corporation under a certain act of Congress) which made part of the city charter. The bill alleged that the corporation attempted to condemn to public use, and open and improve Stoddard Street in that city; that the complainant owned certain premises described on that street; that a part of the premises were condemned to public use, and his damages…
1Opinion of the CourtJustice Hunt
The action in this case cannot be sustained. It has been the settled law of the country for a great many years, that an- injunction bill to restrain the collection of a tax, on the sole ground of the illegality of the tax, cannot be maintained. There must be au allegation of fraud; that it creates a cloud upon the title; that there is apprehension of multiplicity of suits, or some cause presenting a case of. equity jurisdiction. This was decided as early as the days of Chancellor Kent, in Mooers v. Smedley, * and has been so held from that time onward. The remedy was held to be at law by writ…
2Cited by81 opinions
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- Boise Artesian Hot & Cold Water Co. v. Boise CitySupreme Court of the United States · 1909
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