Orange & Alexandria Railroad v. City Council of Alexandria
Supreme Court of Virginia
*This was an action of trespass in the Circuit court of Alexandria, brought in January 1860, by the Orange and Alexandria railroad company against the City Council of Alexandria, for seizing and taking possession by the defendant’s collector, of the goods of the plaintiff, to satisfy a demand for taxes claimed by the defendant. Plea “not guilty.”
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*This was an action of trespass in the Circuit court of Alexandria, brought in January 1860, by the Orange and Alexandria railroad company against the City Council of Alexandria, for seizing and taking possession by the defendant’s collector, of the goods of the plaintiff, to satisfy a demand for taxes claimed by the defendant. Plea “not guilty.” The object of the suit was to test the question whether the City Council of Alexandria had authority to tax the real estate of the company in the city, and the rolling stock employed on the .road, and running from the city to Gordonsville and…
1Opinion of the Court
*JOYNES, J.
Under the charter of the city of Alexandria, the City Council has authority to “raise money by taxes for the use and benefit of the city.” The council imposed a tax for the year 1858 upon “all real and personal estate in the said city, ’ ’ at the rate of one hundred cents for each one hundred dollars of the assessed value thereof. This tax was assessed upon the rolling stock of the Orange and Alexandria railroad company, and upon certain lots in Alexandria belonging to the company. The tax having been levied for, *319action was brought by the company to test the right of the City…
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