Northern Pacific Railway Co. v. Gifford
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. E. C. Steele, Judge. Action by plaintiff to recover from Wilfred L. Gifford, Secretary of State, a license tax paid under protest. Judgment for plaintiff. Defendant appealed. The state may impose such conditions as it deems proper upon permitting a foreign corporation to do business within its borders. (Horn Silver Min. Co. v. New York, 143 U. S. 305,12 Sup.
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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. E. C. Steele, Judge. Action by plaintiff to recover from Wilfred L. Gifford, Secretary of State, a license tax paid under protest. Judgment for plaintiff. Defendant appealed. The state may impose such conditions as it deems proper upon permitting a foreign corporation to do business within its borders. (Horn Silver Min. Co. v. New York, 143 U. S. 305,12 Sup. Ct. 403, 36 L. ed. 164.) It is not every burden affecting interstate commerce which is unconstitutional. (Galveston, H. & S. A. Ry. Co. v. Texas,…
1Opinion of the CourtAilshie, C. J.
This action was instituted by the Northern Pacific Railway Co. to recover from Wilfred L. Gifford a license fee paid by it for the year 1912 to Wilfred L. Gifford as Secretary of State.
The Clearwater Short Line Ry, Co. and the Northern Express Co. each paid a license fee for the year 1912 under the same circumstances as that paid by the respondent corporation, and their claims have been assigned to the respond*200ent. The Northern Pacific Ry. Co. commenced its action, setting up the three causes of action for the recovery of these license fees which had been paid under protest. These fees were…
2Cases cited31 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Western Union Telegraph Co. v. Kansas Ex Rel. ColemanSupreme Court of the United States · 1910
- Maine v. Grand Trunk Railway Co.Supreme Court of the United States · 1891
- Atchison, Topeka & Santa Fe Railway Co. v. O'ConnorSupreme Court of the United States · 1912
- Horn Silver Mining Co. v. New York StateSupreme Court of the United States · 1892
26 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Johnson v. DiefendorfIdaho Supreme Court · 1936
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- In re KesslerIdaho Supreme Court · 1915
- Employment Security Agency v. Joint Class "A" School District No. 151Idaho Supreme Court · 1965
- Utah Power & Light Co. v. PfostDistrict Court, D. Idaho · 1931
11 more not listed; retrieve them via the Exa API.