Legal Opinion

Weston and Others v. the City Council of Charleston

Supreme Court of the United States

Decided March 18, 1829PublishedCited by 407 opinions

THIS was a writ of error to the constitutional court of South Carolinas On the 20th of February 1823, the city council of Charleston passed “ an ordinance to raise supplies for the use of the city of Charleston,, for the year 1823.” The ordinance provides “ that the following species of property, owned and possessed within'the limits of the city of Charleston, Shall be subject to taxation in the manner, and at the rate, and con-formably to the provisions hereinafter…

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THIS was a writ of error to the constitutional court of South Carolinas On the 20th of February 1823, the city council of Charleston passed “ an ordinance to raise supplies for the use of the city of Charleston,, for the year 1823.” The ordinance provides “ that the following species of property, owned and possessed within'the limits of the city of Charleston, Shall be subject to taxation in the manner, and at the rate, and con-formably to the provisions hereinafter specified] that is to say, all personal estate, consisting of bonds, notes, insurance ■stock, six and seven per1 cent, stock of…

1Opinion of the CourtChief Justice Marshall

This case was argued on its merits at a preceding term; but a doubt having arisen with the Court respecting its jurisdiction in cases of prohibition,, that doubt was suggested to the bar, and a re-argument was requested. It has been re-argued at this term.

The. power of this Court to revise the judgments of a state tribunal, depends on the 25th section of the-judicial act. That section enacts “ that a final judgment or decree in any suit in the highest court of law or 'equity of a state in which a decision in the suit could be had,” “ where, is drawn in question the validity of a statute or of…

2Cases cited1 opinion

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819

3Cited by407 opinions

  1. Knowlton v. MooreSupreme Court of the United States · 1900
  2. Rescue Army v. Municipal Court of Los AngelesSupreme Court of the United States · 1947
  3. Pollock v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1895
  4. Metcalf & Eddy v. MitchellSupreme Court of the United States · 1926
  5. Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940

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