Legal Opinion

Memphis v. United States

Supreme Court of the United States

Decided February 11, 1878No. 941PublishedCited by 40 opinions

Error to the Circuit Court of the United States for tbe Western District of Tennessee. The facts involved in this case are the same as those in United States v. Memphis, supra, p. 284. The city of Memphis, by whom this writ was sued out, assigns the following errors: — The court below erred — 1. In holding that the city of Memphis had the power or was under the duty of levying the tax, as adjudged. 2. In holding that the legislature had no power to repeal the act of March…

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Error to the Circuit Court of the United States for tbe Western District of Tennessee. The facts involved in this case are the same as those in United States v. Memphis, supra, p. 284. The city of Memphis, by whom this writ was sued out, assigns the following errors: — The court below erred — 1. In holding that the city of Memphis had the power or was under the duty of levying the tax, as adjudged. 2. In holding that the legislature had no power to repeal the act of March 18, 1873. 3. In adjudging that the tax to be levied should be payable only in lawful money of the United States, as the…

1Opinion of the CourtJustice Strong

The important question in this case is, whether the law of the State empowered the city of Memphis to levy the tax which by the writ of mandamus it was commanded to levy. If it did not, the award of the writ cannot be sustained, for a mandamus wiff not'be granted to compel the levy of a tax not authorized by law.

By an act of the legislature passed on the 18th of March, 1873, it was enacted as follows: —

“ That where an incorporated town or city has, by virtue of presumed authority to lay special assessments for specific purposes, levied and collected taxes or special assessments, the right to…

2Cited by40 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Langever v. MillerTexas Supreme Court · 1934
  3. Pennsylvania Greyhound Lines, Inc. v. RosenthalSupreme Court of New Jersey · 1954
  4. Louisiana Ex Rel. Hubert v. Mayor and Council of New OrleansSupreme Court of the United States · 1909
  5. Pennsylvania Co., Etc. v. ScottSupreme Court of Pennsylvania · 1942

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