Covington & Cincinnati Bridge Co. v. Hager
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OP THE UNITED STATES FOR .THE EASTERN DISTRICT OP KENTUCKY.’ The facts are stated in the opinion. As to power of the Circuit Court to issue the writ: There was no way in which the lower court could enforce its jurisdiction except by a writ of mandamus because jurisdiction could hot be entertained in a direct suit to recover the money, and so no judgment could have been recovered. Amendment XI to Const.; Coulter v. Weir, 127 Fed.
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ERROR TO THE CIRCUIT COURT OP THE UNITED STATES FOR .THE EASTERN DISTRICT OP KENTUCKY.’ The facts are stated in the opinion. As to power of the Circuit Court to issue the writ: There was no way in which the lower court could enforce its jurisdiction except by a writ of mandamus because jurisdiction could hot be entertained in a direct suit to recover the money, and so no judgment could have been recovered. Amendment XI to Const.; Coulter v. Weir, 127 Fed. Rep. 897. The collection of the tax would not be enjoined by a Fed-' eral court purely because of its unconstitutionality, in the absence…
1Opinion of the CourtJustice Day
In this case an original action in mandamus was begun in the Circuit Court of the United States for the Eastern District of Kentucky. It was brought by the Bridge Company to compel the Auditor of Public Accounts for the State to issue his warrant on the state treasury for the amount of a franchise tax collected under authority of sections 4079 and 4080 of' the Kentucky Statutes. The return of the tax was asked upon the ground that it levied a burden on the interstate commerce business of the Bridge Company, pertaining exclusively to commerce between Kentucky and Ohio, and Was therefore…
2Cases cited1 opinion
- Knapp v. Lake Shore & Michigan Southern Railway Co.Supreme Court of the United States · 1905
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- Johnny Wayne Gurley v. Superior Court of Mecklenburg CountyCourt of Appeals for the Fourth Circuit · 1969
- In Re Telecommunications Research and Action CenterCourt of Appeals for the D.C. Circuit · 1984
- City of Highland Park v. TrainCourt of Appeals for the Seventh Circuit · 1975
- Pugach v. KleinDistrict Court, S.D. New York · 1961
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