Huntington v. Central Pac. R.
U.S. Circuit Court for the District of California
Bill in equity [by Collis P. Huntington and others] to restrain the sale of the Central Pacific Railroad for the taxes levied in the various counties through which the said railroad extends, for state and county purposes for the year 1872-3.
1Opinion of the Court
BY THE COURT
(SAWYER, Circuit Judge).
There are two grounds upon which the application for an injunction is rested. First, on the ground that the Central Pacific Railroad is an instrumentality constructed in pursuance of acts of congress, and employed by the national government in the exercise of its constitutional powers in providing for the transportation of the mails, the armies of the United States, muni-’ tious of war, etc., and as such instrumentality of the general government, exempt from state taxation. Secondly, that the said taxes have not been assessed in the mode, or upon the…
2Cases cited20 opinions
- Moss v. ShearCalifornia Supreme Court · 1864
- Arrington v. LiscomCalifornia Supreme Court · 1868
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Appeal of North Beach & Mission RailroadCalifornia Supreme Court · 1867
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3Cited by6 opinions
- California & Nevada Railroad v. MecartneyCalifornia Supreme Court · 1894
- Ferguson v. GardnerCalifornia Court of Appeal · 1927
- Brown v. FrenchU.S. Circuit Court for the District of Montana · 1897
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
- County of San Mateo v. Southern Pacific R.United States Circuit Court · 1882
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