Stonebraker v. Hunter
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the Western District of Oklahoma; John H. Cotteral, Judge. Action by Howard M. Stonebraker against John A. Hunter, County Treasurer of Osage County, Okl., and others. From a, decree dismissing the bill, plaintiff appeals.
1Opinion of the Court
SMITH, Circuit Judge.
[1] This is an action to enjoin taxes alleged to be illegal. ' It is and must be conceded that, independently of statute, an action in equity will not lie to enjoin illegal taxes in the absence of some specific grounds for equitable relief. Ordinarily there is a plain, speedy, and adequate remedy at law, and, to maintain an action in equity to enjoin such taxes, there must he some distinct ground of equitable jurisdiction, such as to avoid a multiplicity of suits or the like. Singer Sewing Machine Co. v. Benedict, 229 U. S. 481, 33 Sup. *69Ct. 942, 57 L. Ed. 1288; , Same v.…
2Cases cited11 opinions
- Cummings v. National BankSupreme Court of the United States · 1880
- Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
- Shelton v. PlattSupreme Court of the United States · 1891
- Singer Sewing MacHine Co. of NJ v. BenedictSupreme Court of the United States · 1913
- Pittsburgh &C. Railway v. Board of Public WorksSupreme Court of the United States · 1898
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3Cited by3 opinions
- United States v. KombstSupreme Court of the United States · 1932
- McLaughlin v. St. Louis Southwestern Ry. Co.Court of Appeals for the Eighth Circuit · 1916
- Higgins, Neville Boddy v. Wood, County TreasurerSupreme Court of Oklahoma · 1914