Legal Opinion · Dissent

Singer Sewing Mach. Co. v. Benedict

Court of Appeals for the Eighth Circuit

Decided April 27, 1910No. 3,328Published

Appeal from the Circuit Court of the United States for the District of Colorado. Suit in equity by the Singer Sewing Machine Company of New Jersey against James F. Benedict, Treasurer of the City and County of Denver, and others. Decree for defendants, and complainants appeal.

1DissentSanborn, Circuit Judge

Propositions of law and fact assumed by the majority and conceded to be sound which condition the decision of this case are these: The mere excess or illegality of a tax will not sustain a bill in equity to avoid it or to restrain its collection in the absence of any ground of equity jurisdiction such as fraud, accident, mistake, or threatened multiplicity of suits and of inadequacy of the remedy at law. One may not be deprived of his property without due process of law by the levy and collection of an illegal tax any more constitutionally than he may by any other proceeding without such…

2Cases cited13 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Ex Parte LangeSupreme Court of the United States · 1874
  3. In Re SawyerSupreme Court of the United States · 1888
  4. Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
  5. National Surety Co. v. State BankCourt of Appeals for the Eighth Circuit · 1903

8 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