Legal Opinion

Patapsco Guano Co. v. Board of Agriculture of North Carolina

U.S. Circuit Court for the District of Eastern North Carolina

Decided September 24, 1892PublishedCited by 4 opinions

In Equity. Bill by the Patapsco Guano Company against the board of agriculture of North Carolina to perpetually enjoin the latter from enforcing against it the state inspection tax on fertilizers. Heard on motion to dissolve injunction. Motion granted, and bill dismissed.

1Opinion of the Court

Seymour, District Judge.

This court, in the case of American Fertilizing Co. v. Board of Agriculture, reported in 48 Fed. Rep. 609, decided so much of section 2190 of the Code of North Carolina as imposed a privilege tax of $500 per annum on every manufacturer or other person importing any commercial fertilizer into the state, for each separate brand or quality, to be unconstitutional. The ensuing legislature repealed the section, and modified the entire legislation upon the subject of commercial fertilizers. This legislation is to be found in chapters 9 and 348, Pub. Laws 1891. Chapter 9,…

2Cases cited9 opinions

  1. Brown v. HoustonSupreme Court of the United States · 1885
  2. Minnesota v. BarberSupreme Court of the United States · 1890
  3. Brimmer v. RebmanSupreme Court of the United States · 1891
  4. Turner v. MarylandSupreme Court of the United States · 1883
  5. Voight v. WrightSupreme Court of the United States · 1891

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3Cited by4 opinions

  1. State ex rel. Gaulke v. TurnerNorth Dakota Supreme Court · 1917
  2. Red C. Oil Mfg. Co. v. Board of AgricultureU.S. Circuit Court for the District of Eastern North Carolina · 1909
  3. State v. Butterfield Livestock Co.Idaho Supreme Court · 1909
  4. Territory ex rel. McLean & Co. v. Denver & Rio Grande RailroadNew Mexico Supreme Court · 1904

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