Little v. Bowers
Supreme Court of the United States
ERROR TO THE- OOURT OF ERRORS AND APPEALS- OF THE STATE. OF ’ NEW JERSEY,' ^ The case, - as stated by. the court in its opinion, was • as follows This was a writ of certiorari issued out of the Supreme Court of the State of New Jersey, on the 6th of November, 1882, at the instance of Henry S. Little, receiver of the Central Railroad Company of New Jersey, a corporation of that' State, commanding Samuel I). Bowers, comptroller of the city of Elizabeth, and the city of…
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ERROR TO THE- OOURT OF ERRORS AND APPEALS- OF THE STATE. OF ’ NEW JERSEY,' ^ The case, - as stated by. the court in its opinion, was • as follows This was a writ of certiorari issued out of the Supreme Court of the State of New Jersey, on the 6th of November, 1882, at the instance of Henry S. Little, receiver of the Central Railroad Company of New Jersey, a corporation of that' State, commanding Samuel I). Bowers, comptroller of the city of Elizabeth, and the city of Elizabeth, to certify and send to that court their proceedings relative to an assessment of certain taxes made by that city…
1Opinion of the Court
MR. Justice Límar,
after stating the case, - delivered the opinion of the couj?t.
As opposed to this motion, there is no 'denial -of the fact that the taxes in dispute have been paid. It is insisted, however, that such payment, was not voluntary, but' was made under duress,.as the only means of avoiding execution; and that payments were made before suit brought only when imposed by the court as á condition for being permitted to bring suit, and after suit brought, only to save property from sale in the absence of any stay or possibility of getting one. But an examination of the affidavit of the…
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