Legal Opinion

American Smelting & Refining Co. v. Colorado Ex Rel. Lindsley

Supreme Court of the United States

Decided January 7, 1907No. 143PublishedCited by 45 opinions

ERROR TO THE SUPREME COURT OP THE STATfD OP COLORADO. The writ of error in this case brings up for review the judgment of the Supreme Court of Colorado, which affirmed the judgment of the trial court forfeiting the right of the plaintiff in error, hereinafter called the corporation, to do business as a foreign' corporation within the State until a certain tax therein adjudged to be due should be paid.

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ERROR TO THE SUPREME COURT OP THE STATfD OP COLORADO. The writ of error in this case brings up for review the judgment of the Supreme Court of Colorado, which affirmed the judgment of the trial court forfeiting the right of the plaintiff in error, hereinafter called the corporation, to do business as a foreign' corporation within the State until a certain tax therein adjudged to be due should be paid. The corporation refused to pay-the tax, and thereupon, at the-instance of the District Attorney and the Attorney General of the State, a proceeding in the nature of quo warranto against the…

1Opinion of the CourtJustice Peckham

It is conceded that the corporation has paid all its indebtedness for taxes or otherwise to the State of Colorado, except the amount demanded under the above-mentioned law of 1902, and that it has obeyed all the laws of the State with that exception. It is urged, however, upon the part of the corporation that, by its admission into the State, with its right to do business therein by the payment of the amount of money required for such purpose under the then existing law, a contract between the State and itself was thereby made that it should be permitted to remain therein during the term of…

2Cases cited4 opinions

  1. Home of the Friendless v. RouseSupreme Court of the United States · 1869
  2. Miller v. StateSupreme Court of the United States · 1873
  3. New York, Lake Erie & Western Railroad v. PennsylvaniaSupreme Court of the United States · 1894
  4. Powers v. Detroit, Grand Haven & Milwaukee Railway Co.Supreme Court of the United States · 1906

3Cited by45 opinions

  1. Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
  2. State v. BerryTennessee Supreme Court · 1980
  3. Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
  4. Roosevelt Raceway, Inc. v. MonaghanNew York Court of Appeals · 1961
  5. Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911

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