Legal Opinion

Erskine v. Milwaukee and St. Paul Railway Company. Milwaukee and St. Paul Railway Company v. Erskine

Supreme Court of the United States

Decided March 13, 1877No. 178PublishedCited by 5 opinions

Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This was an action brought by the Milwaukee and St. Paul Bailway Company against Erskine, collector of internal revenue for the First Collection District of the State of Wisconsin, to recover $17,296.12 paid by the company under protest in the year 1870, and by him claimed to be due from it for taxes under the laws of the United States.

Read the full summary

Error to the Circuit Court of the United States for the Eastern District of Wisconsin. This was an action brought by the Milwaukee and St. Paul Bailway Company against Erskine, collector of internal revenue for the First Collection District of the State of Wisconsin, to recover $17,296.12 paid by the company under protest in the year 1870, and by him claimed to be due from it for taxes under the laws of the United States. There was a judgment in favor of the company for $8655.07 and costs. Each party excepted to the rulings of the court below, and sued out a writ of error. The exceptions of…

1Opinion of the CourtChief Justice Waite

No error has been assigned by the railroad company upon this record, for the reason that the rulings to which the company took exceptions are all sustained by our decisions in Barnes v. Railroad Companies, 17 Wall. 294, and Stockdale v Insurance Companies, 20 id. 323.

We think that the Circuit Court was right in holding that the only penalty to which the company was liable for default under sect. 122 of the internal revenue act of June 30, 1864,

13 Stat. 284, as amended July 13, 1866, 14 id. 138, was that of $1,000 specially provided for in that section. The penalty of five per cent and…

2Cases cited1 opinion

  1. Barnes v. the RailroadsSupreme Court of the United States · 1873

3Cited by5 opinions

  1. Elliott v. Railroad CompanySupreme Court of the United States · 1879
  2. Howe Grain & Mercantile Co. v. JonesCourt of Appeals of Texas · 1899
  3. United States v. MaresNew Mexico Supreme Court · 1907
  4. Chesapeake & Potomac Telephone Co. v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1913
  5. Labadie v. United StatesSupreme Court of Oklahoma · 1897

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API