Legal Opinion

Bailey v. Magwire

Supreme Court of the United States

Decided April 19, 1875No. 474PublishedCited by 32 opinions

Appeal from the Circuit Court for the Eastern District of Missouri. Bailey and others, foreign stockholders, in the Pacific Railroad Company, a corporation existing and organized under different special acts of the State of Missouri, filed a bill in the court below against a certain Magwire, collector of State, county, school, and city taxes for the county and city of St. Louis, Missouri, to enjoin his collection of such taxes assessed for the year 1869, on the said railroad…

Read the full summary

Appeal from the Circuit Court for the Eastern District of Missouri. Bailey and others, foreign stockholders, in the Pacific Railroad Company, a corporation existing and organized under different special acts of the State of Missouri, filed a bill in the court below against a certain Magwire, collector of State, county, school, and city taxes for the county and city of St. Louis, Missouri, to enjoin his collection of such taxes assessed for the year 1869, on the said railroad company under the general tax law of the State; the ground of the application being that by acts of the Missouri…

1Opinion of the CourtJustice Davis

It is contended on behalf of the appellants that the twelfth section of the act of 1852, provides for the whole subject of the taxation of the road, that it exempts the road from all taxes except State taxes, and furnishes the only rule and authority by which these taxes can be ascertained and collected.

It was held by this court, in the case of The Pacific Railroad v. Magwire, * that this section created a contract between the State and the railroad company, exempting the road from taxation until it was completed, and for two years thereafter if it did not pay a dividend before the expiration…

2Cited by32 opinions

  1. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  2. Louisville & Nashville Railroad v. KentuckySupreme Court of the United States · 1896
  3. Central Railroad & Banking Co. v. GeorgiaSupreme Court of the United States · 1876
  4. Savannah v. JesupSupreme Court of the United States · 1883
  5. Ba Properties Inc. v. Government Of The United States Virgin IslandsCourt of Appeals for the Third Circuit · 2002

27 more not listed; retrieve them via the Exa API.

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

Powered by the Exa API