Memphis v. Brown
Supreme Court of the United States
Error to the Circuit Court of the' United States for the Western District of Tennessee. This case also involves the same general facts as those in United States v. Memphis¡ supra, p. 284. On March 2, 1876, Brown filed an affidavit in the court below, that he was advised that the capital of merchants was legally taxable for the payment of his decree, and that the same tax should be levied and collected thereon for its payment as on other taxable property, and that the city of…
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Error to the Circuit Court of the' United States for the Western District of Tennessee. This case also involves the same general facts as those in United States v. Memphis¡ supra, p. 284. On March 2, 1876, Brown filed an affidavit in the court below, that he was advised that the capital of merchants was legally taxable for the payment of his decree, and that the same tax should be levied and collected thereon for its payment as on other taxable property, and that the city of Memphis . should be compelled by an alias writ to include that capital for such payment, and collect the tax thereon,…
1Opinion of the CourtJustice Strong
In Memphis v. United States (supra, p. 293), we decided that the mandamus to compel the levy and collection of a tax beyond the rate mentioned in the act of Feb. 13, 1854, and sufficient to pay the judgment recovered by the relator, was authorized by the laws of the State, and was properly awarded. That decision covers the first assignment of error in this case, and leaves it without any foundation.
The; other assignments are of minor importance. Some of them deny the power of the Circuit Court to define the extent of its own writ of execution. They assert that the court could not rightfully…
2Cited by14 opinions
- Town of Capitol Heights v. SteinerSupreme Court of Alabama · 1924
- Hair v. BurnellU.S. Circuit Court for the Southern District of Iowa · 1900
- State ex rel. Craighead County v. St. Louis-San Francisco Railway Co.Supreme Court of Arkansas · 1924
- Arkansas Ex Rel. Utley v. St. Louis-San Francisco Railway Co.Supreme Court of the United States · 1925
- Bryan v. VirginiaSupreme Court of the United States · 1889
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