Jones v. Estate of Keep
Wisconsin Supreme Court
ERROR to the Circuit Court for Rode, County. This action was brought to reverse an order of said court dismissing an appeal by the plaintiffs in February, 1864, from the decision and report of commissioners to examine and adjust claims against the estate of John M. Keep; said order of dismissal having been made on the ground that no revenue stamp had been affixed to the appeal papers, as required by the act of Congress approved July 1st, 1862. argued that the act of Congress…
Read the full summary
ERROR to the Circuit Court for Rode, County. This action was brought to reverse an order of said court dismissing an appeal by the plaintiffs in February, 1864, from the decision and report of commissioners to examine and adjust claims against the estate of John M. Keep; said order of dismissal having been made on the ground that no revenue stamp had been affixed to the appeal papers, as required by the act of Congress approved July 1st, 1862. argued that the act of Congress does not in express terms apply to process in state courts, and should not be extended, by construction, into conflict…
1Opinion of the Court
Bv the Court,
Cole, J.
The conclusion at which the majority of the court have arrived upon the main question in this case, will render it unnecessary to notice several subordinate points discussed by counsel on the argument. The important and interesting question raised upon the record, is that which relates to the validity of that provision, of the internal revenue law which requires that writs and other original processes by which suits are commenced in the state courts, should be stamped, or should otherwise be deemed invalid and of no ef-*371feet. This suit was brought to the circuit court by…
2Cases cited7 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Dobbins v. Commissioners of Erie CountySupreme Court of the United States · 1842
- New York Ex Rel. Bank of Commerce v. Commissioners of TaxesSupreme Court of the United States · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- State v. WyssWisconsin Supreme Court · 1985
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Harrington v. SmithWisconsin Supreme Court · 1871
- Ogden & Johnson v. BosseTexas Supreme Court · 1894
19 more not listed; retrieve them via the Exa API.