Union & Planters' Bank of Memphis v. City of Memphis
Court of Appeals for the Sixth Circuit
Appeal from the Circuit Court of the United States for the Western District of Tennessee. The case is this: In 1859 the state of Tennessee, by its general assembly, granted a charter under which the Union •& Planters’ Bank was organized.
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Appeal from the Circuit Court of the United States for the Western District of Tennessee. The case is this: In 1859 the state of Tennessee, by its general assembly, granted a charter under which the Union •& Planters’ Bank was organized. That charter contained a provision upon the subject of taxation in these words: “That said company shall pay to the state of Tennessee an annual tax of one-half of one per cent, on each share of stock subscribed, which shall be in lieu of all other taxes.” The complainant’s bill avers that, in impairment of the obligation of this contractual exemption from…
1Opinion of the Court
LURTON, Circuit Judge,
having made the foregoing statement of the case, proceeded then to deliver the opinion of the court.
i. The demurrers which go to the jurisdiction of the court are not well founded. The jurisdiction does not depend upon diversity of citizenship, for tliat does not exist, but upon the federal question .arising out of the alleged violation of the obligation of the contract contained in -the charter of the complainant corporation., The bill *563attacks the constitutionality of the revenue laws of 1897 and 1899, so far as the} authorize the imposition of a tax upon the capital…
2Cases cited54 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Hilton v. GuyotSupreme Court of the United States · 1895
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
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3Cited by7 opinions
- Coppedge v. ClintonCourt of Appeals for the Tenth Circuit · 1934
- Stone v. WinnCourt of Appeals of Kentucky · 1915
- Messinger v. AndersonCourt of Appeals for the Sixth Circuit · 1909
- Waybright v. Columbian Mut. Life Ins. Co.District Court, W.D. Tennessee · 1939
- Estill County v. EmbryCourt of Appeals for the Sixth Circuit · 1902
2 more not listed; retrieve them via the Exa API.