Osborn v. President of the Bank of the United States
Supreme Court of the United States
APPEAL from the Circuit Court of Ohio. The bill filed in this cause, was exhibited in the Court below, at September term, 1819, in the name of the respondents, and signed by solicitors of. the Court, praying an injunction to restrain Ralph Osborn, Auditor of the State of Ohio, from proceeding against the complainants, under an act of the Legislature of that State, passed February the 8th', 1819, entitled, “An act to levy and collect a tax from all banks, and individuals, and…
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APPEAL from the Circuit Court of Ohio. The bill filed in this cause, was exhibited in the Court below, at September term, 1819, in the name of the respondents, and signed by solicitors of. the Court, praying an injunction to restrain Ralph Osborn, Auditor of the State of Ohio, from proceeding against the complainants, under an act of the Legislature of that State, passed February the 8th', 1819, entitled, “An act to levy and collect a tax from all banks, and individuals, and companies, and associations of individuals, that may transact banking business in .'-this State, without being allowed…
1Opinion of the CourtChief Justice Marshall
At the close of the argument, a point was suggested, of shch vital importance, as to induce the Court to request that'it might be particularly.spo' ken to. ' That point is1, the right of the Bank to sue jn the Courts of the United-States. It has been argued, and ought to be disposed of, before •we proceed to the actual exercise of jurisdiction, by deciding on the rights of the parties.
Courts have iuitf'by^and “saan‘£st the
The appellants contest the jurisdiction of tne Court on two grounds:
1st. That the act of Congress has not given it
2d. That, under the constitution, Congress can-llOt give it.
2Cases cited1 opinion
- United States v. WhiteU.S. Circuit Court for the District of District of Columbia · 1836
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