Huntington v. Palmer
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of California. Huntington filed this bill against Palmer, tax-collector of the County of Alameda, California, and the Central Pacific Railroad Company, alleging that he is a stockholder of the company, and that, on behalf of himself and such other stockholders as will come in and contribute to its prosecution, he brings the suit to enjoin and restrain the company fro,m wasting and misapplying its funds, as…
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Appeal from the Circuit Court of the United States for the District of California. Huntington filed this bill against Palmer, tax-collector of the County of Alameda, California, and the Central Pacific Railroad Company, alleging that he is a stockholder of the company, and that, on behalf of himself and such other stockholders as will come in and contribute to its prosecution, he brings the suit to enjoin and restrain the company fro,m wasting and misapplying its funds, as it threatens to do, by paying certain taxes upon its property in that county which, he alleges, were unlawfully and…
1Opinion of the CourtJustice Miller
delivered the opinion of the court. ■
The bill of complaint sets out that the railroad company is unjustly and illegally taxed in many particulars, the laws under which the taxes are levied being repugnant to the Constitution of the State, and in an amended bill they are asserted to be in conflict with the Constitution of the United States'.
It is unnecessary to examine into the sufficiency of the alie-? gations of the bill on these points, because we think it comes clearly within the principles announced in the case of Hawes v. Oakland, supra, p. 450.
Although the company is the party injured…
2Cases cited1 opinion
- Dodge v. WoolseySupreme Court of the United States · 1856
3Cited by19 opinions
- Venner v. Great Northern Railway Co.Supreme Court of the United States · 1908
- Quincy v. SteelSupreme Court of the United States · 1887
- Heinz v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1916
- Boyd v. SimsTennessee Supreme Court · 1889
- Fairchild v. Bank of AmericaCalifornia Court of Appeal · 1961
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