Legal Opinion

Singer Sewing MacHine Co. v. Brickell

Supreme Court of the United States

Decided April 6, 1914No. 458PublishedCited by 99 opinions

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ALABAMA. Appellant, which, is a New Jersey corporation carrying on a mercantile business in many places in the State of Alabafna in the sale and renting of sewing machines, in part from regularly established places of business and in part by means of delivery wagons going from place to place in the respective counties in which its stores are located, filed its bill of complaint against…

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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ALABAMA. Appellant, which, is a New Jersey corporation carrying on a mercantile business in many places in the State of Alabafna in the sale and renting of sewing machines, in part from regularly established places of business and in part by means of delivery wagons going from place to place in the respective counties in which its stores are located, filed its bill of complaint against appellees, who are the agents of the State charged with the administration of the tax laws, and therein sought to restrain by…

1Opinion of the CourtJustice Pitney

With respect to the business conducted in Russell Gounty, the decree of the District Court is not now directly under review; but, at any rate, it was clearly correct under Crenshaw v. Arkansas, 227 U. S. 389. With respect to the other counties, the correctness of the decision, so far' as the commerce clause is concerned, seems to us equally clear under Emert v. Missouri, 156 U. S. 296.

But it is argued that the courts cannot properly sustain a statute which in direct terms applies to all commerce, by restricting it to cases of actual interference with interstate dealings. To quote from the…

2Cases cited15 opinions

  1. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  2. United States v. SteffensSupreme Court of the United States · 1879
  3. United States v. REESESupreme Court of the United States · 1876
  4. Crutcher v. KentuckySupreme Court of the United States · 1891
  5. Western Union Telegraph Co. v. Kansas Ex Rel. ColemanSupreme Court of the United States · 1910

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

3Cited by99 opinions

  1. Carmichael v. Southern Coal & Coke Co.Supreme Court of the United States · 1937
  2. State Bd. of Tax Commr's of Ind. v. JacksonSupreme Court of the United States · 1931
  3. McGowan v. ParishSupreme Court of the United States · 1915
  4. Neild v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1940
  5. Lacoste v. Department of Conservation of LouisianaSupreme Court of the United States · 1924

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

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