Fifield v. Close
Michigan Supreme Court
Error to Oakland Circuit. ' This was an action of trespass,” commenced before a justice of the peace. There was no appearance on the return day, and judgment was rendered for plaintiff for one hundred dollars damages and costs. The case was removed by certiorari to the Circuit Court, on the ground that the summons issued by the j justice of the peace was void, because no United States! revenue stamp was attached thereto.
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Error to Oakland Circuit. ' This was an action of trespass,” commenced before a justice of the peace. There was no appearance on the return day, and judgment was rendered for plaintiff for one hundred dollars damages and costs. The case was removed by certiorari to the Circuit Court, on the ground that the summons issued by the j justice of the peace was void, because no United States! revenue stamp was attached thereto. The Circuit Court reversed the judgment of the said justice of the peace. The act of Congress taxing the process of state courts, is void. — 2 Pet. 449, 467; 22 .Pncl. 276;…
1Opinion of the Court
Campbell J.
There is but one question raised in this ease, and that is, whether the stamp tax on legal process in state courts is valid. The power of 'Congress to impose such a charge, as a condition upon litigation, is denied by the plaintiff in error, as inconsistent with the control which the Constitution of the United States guarantees- to the state *506authorities over all such matters as have been left by that instrument under local regulation. The question is one of much importance, inasmuch as it involves fundamental principles bearing upon the nature and attributes of both local and…
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