Michigan Central Railroad v. Powers
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT -OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. ■ This suit was brought in the Circuit Court of the United States for the Western District of Michigan to restrain the' respondent, the Auditor General of the State, from enforcing against the appellant the provisions of Act No. 173 of the Michigan laws of 1901, an act to provide for the assessment of the property of railroad and certain other companies, for the levying of taxes thereon…
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APPEAL FROM THE CIRCUIT COURT -OF THE UNITED STATES FOR THE WESTERN DISTRICT OF MICHIGAN. ■ This suit was brought in the Circuit Court of the United States for the Western District of Michigan to restrain the' respondent, the Auditor General of the State, from enforcing against the appellant the provisions of Act No. 173 of the Michigan laws of 1901, an act to provide for the assessment of the property of railroad and certain other companies, for the levying of taxes thereon by a state board of assessors and for the collection of such taxes. The taxes involved in the suit are those for 1902,…
1Opinion of the CourtJustice Brewer
The unconstitutionality of a statute may depend upon its conflict with the constitution of the State or with that of the United States. If conflict with the state constitution is the sole ground of attack, the Supreme Court of the State is the final authority, Merchants’ Bank v. Pennsylvania, 167 U. S. 461, and cases cited in the opinion, while in the other case the ultimate decision rests with this court. The validity of this act has not been directly presented to or determined by the state court, but the first attack by the parties interested is made in the Federal court and by this suit,…
2Cases cited22 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- Bell's Gap Railroad v. PennsylvaniaSupreme Court of the United States · 1890
- Providence Bank v. BillingsSupreme Court of the United States · 1830
17 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- F. S. Royster Guano Co. v. VirginiaSupreme Court of the United States · 1920
- Shaffer v. CarterSupreme Court of the United States · 1920
- New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
- New York Rapid Transit Corp. v. City of New YorkSupreme Court of the United States · 1938
- Louisville & Nashville Railroad v. GarrettSupreme Court of the United States · 1913
117 more not listed; retrieve them via the Exa API.