Tucker v. Williamson
District Court, S.D. Ohio
In Equity. Suit by Nathan Tucker and William B. Robinson against Beriah E. Williamson, Collector of Internal Revenue for the Eleventh District of Ohio, and others. A motion is made to dismiss the bill, whose averments, as far as need be noted, are as follows: Both of the plaintiffs are graduates of medical schools. Each is a member of his county and state medical society. One ,has been engaged for 48 years as a physician in lawful practice, and the other 'for 19 years.
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In Equity. Suit by Nathan Tucker and William B. Robinson against Beriah E. Williamson, Collector of Internal Revenue for the Eleventh District of Ohio, and others. A motion is made to dismiss the bill, whose averments, as far as need be noted, are as follows: Both of the plaintiffs are graduates of medical schools. Each is a member of his county and state medical society. One ,has been engaged for 48 years as a physician in lawful practice, and the other 'for 19 years. Both are duly licensed to practice medicine in Ohio, and each has registered as required by the act of Congress of December…
1Opinion of the CourtSater, District Judge
(after stating the facts as above). To determine all of the points argued may result in the decision of matters not altogether germane to the issue presented. The facts well pleaded are admitted by the motion. If they do not state a cause of action, the motion must prevail.
Most of the plaintiffs’ business is a mail order business. Whether the mails or express companies are utilized in transmitting their preparation to patients does not appear, but.the employment of one or both of such agencies is obviously necessary. The preparation is sent to all alike. A “preparation” is something which is…
2Cases cited34 opinions
- United States v. Trans-Missouri Freight Assn.Supreme Court of the United States · 1897
- Dent v. West VirginiaSupreme Court of the United States · 1889
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- Philadelphia Co. v. StimsonSupreme Court of the United States · 1912
- Hawker v. New YorkSupreme Court of the United States · 1898
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3Cited by3 opinions
- State of Arizona v. WorthamArizona Supreme Court · 1945
- Mushel v. SchulzSupreme Court of Minnesota · 1918
- United States v. DoremusDistrict Court, W.D. Texas · 1918