Legal Opinion

Stockard v. Morgan

Supreme Court of the United States

Decided April 7, 1902No. 195PublishedCited by 63 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. This is a writ of error to the Supreme Court of the State of Tennessee, brought to review a judgment of that court reversing a judgment of the Court of Chancery of Hamilton County in favor of complainants, and dismissing their bill.

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ERROR TO THE SUPREME COURT OF THE STATE OF TENNESSEE. This is a writ of error to the Supreme Court of the State of Tennessee, brought to review a judgment of that court reversing a judgment of the Court of Chancery of Hamilton County in favor of complainants, and dismissing their bill. The complainants sought to enjoin the collection of a tax imposed upon them under a statute of Tennessee, upon the ground that they were not liable for the tax because they were agents and brokers exclusively for the sale of the property of nonresident principals, and did no business of any kind for residents…

1Opinion of the CourtJustice Pecicham

In this case we are bound .to give the same meaning to the state statute that was given to it by the Supreme Court of the State, and the question which remains for us to decide is, whether as so construed the statute violates any provision of the Federal Constitution.

We think it violates the interstate commerce clause of the Constitution of the United States, and that this court has in several cases decided the principle which invalidates the statute so far as it affects the business of the complainants. The principle is contained in the cases of Brown v. Maryland, 12 Wheat. 419, and Welton…

2Cases cited10 opinions

  1. Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
  2. Welton v. MissouriSupreme Court of the United States · 1876
  3. Crutcher v. KentuckySupreme Court of the United States · 1891
  4. Leloup v. Port of MobileSupreme Court of the United States · 1888
  5. Brennan v. TitusvilleSupreme Court of the United States · 1894

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3Cited by63 opinions

  1. Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
  2. Western Union Telegraph Co. v. Kansas Ex Rel. ColemanSupreme Court of the United States · 1910
  3. McGoldrick v. Berwind-White Coal Mining Co.Supreme Court of the United States · 1940
  4. Galveston, Harrisburg & San Antonio Railway Co. v. TexasSupreme Court of the United States · 1908
  5. New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907

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