Preston v. Finley
U.S. Circuit Court for the District of Western Texas
This bill, duly sworn to by H. L. Strohm, Esq., one of the attorneys of complainant, was brought by Henry L. Preston, a citizen of the state of Missouri, against the comptroller of public accounts of this state, to restrain the collection of a,n occupation tax. The question now before the court arises upon a motion made by the complainant for a temporary injunction.
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This bill, duly sworn to by H. L. Strohm, Esq., one of the attorneys of complainant, was brought by Henry L. Preston, a citizen of the state of Missouri, against the comptroller of public accounts of this state, to restrain the collection of a,n occupation tax. The question now before the court arises upon a motion made by the complainant for a temporary injunction. The allegations of the bill, material to be considered, are the following': “Your orator, Henry L. Preston, is now, and for more tlian five years last juts! lias been, engaged in the newspaper business at Kansas City, Missouri, as…
1Opinion of the Court
MAXEY, District Judge,
after stating the case, delivered the following opinion:
The objection is made in limine by counsel for complainant, to the demurrers of defendant, that they are not supported by the usual certificate of counsel and affidavit of defendant, as required by equity rule 31, which provides that:
“No demurrer or plea shall be allowed to be filed to any bill, unless upon a certificate of counsel that In his opinion it is well founded in point of law, and supported by the affidavit of the defendant that it is not interposed for delay; and if a plea, that it is true in point of…
2Cases cited34 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Taylor v. SecorSupreme Court of the United States · 1876
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- Leisy v. HardinSupreme Court of the United States · 1890
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3Cited by11 opinions
- Little v. SmithSupreme Court of Kansas · 1927
- International Textbook Co. v. PetersonWisconsin Supreme Court · 1907
- State of California v. TagamiCalifornia Supreme Court · 1925
- Bryant Bros. v. RobinsonCourt of Appeals for the Fifth Circuit · 1906
- Caribbean Steamship Company v. La Societe Navale CaennaiseDistrict Court, E.D. Virginia · 1956
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