CENTRAL RAILROAD COMPANY
v.
BOURBON COUNTY

U.S. | 1886-02-01
116 U.S. 538 Supreme Court of the United States (1886) Positive Treatment
Also reported at: 29 L. Ed. 725 · 6 S. Ct. 601 · 1886 U.S. LEXIS 1794 · SCDB 1885-126
Cited by 6 cases
Opinion of the Court
Mr. Chief-Justice Waite

Mr. Chief-Justice Waite delivered the opinion of the court.

This motion is denied. Cases in which the execution of the revenue laws of a State have been enjoined or stayed are only to be advanced on motion of the State or the party claiming under such laws. Rev. Stat. § 949. Here the motion is made by the party taxed, and the suit is by the county claiming under the tax laws for the recovery of a tax. Inasmuch as the county does not move we cannot presume that “the operations .of the government of the State will be embarrassed by delay.” Under the rule announced in Hoge v. Richmond & Danville Railroad Co., 93 U. S. 1, it must be shown that such will be the effect of delay before a case will be advanced, even on motion by the State or those claiming under it.

Motion denied.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Page v. Wright, 116 F.2d 449 (7th Cir. 1940)
    …that the case be considered upon its merits. * * * ” (Circuit Court in this quotation is the equivalent of District Court as presently constituted.) Also, in that case, as here, the plaintiff relied upon Hartog v. Memory, 116 U.S. 588, 6 S.Ct. 521, 29 L.Ed. 725. In the Morris case, supra, the court, in referring to the Hartog case, on page 327 of 129 U. S., on page 292 of 9 S.Ct., 32 L.Ed. 690, said: “Nor does the case of Hartog v. Memory sustain the position taken by the defendant; for it was there said t…
  • Pac. S. S. Co. v. Sutton, 7 F.2d 579 (9th Cir. 1925)
    …ion in the United States District Court for Washington, and jurisdiction therein continued until it was established to a final certainty that the court was without jurisdiction. There was no such proof. Harfog v. Memory, 116 U. S. 588, 6 S. Ct. 521, 29 L. Ed. 725; Big Sespe Oil Co. v. Cochran (C. C. A.) 276 F. 216; Pike County v. Spencer, 192 F. 11, 112 C. C. A. 433. [6] In taxation of costs the cleric included mileage of two witnesses (who voluntarily went from Oregon to Seattle) from the Washington stat…
  • Davis v. Shackleford, 91 F.2d 148 (8th Cir. 1937)
    …d by the dismissal.” Without reasonable notice and an opportunity to produce evidence and to be heard upon the question of the verity of the jurisdictional fact, the order odismissal is invalid. Hartog v. Memory, 116 U.S. 588, 591, 592, 6 S.Ct. 521, 29 L.Ed. 725; Barry v. Edmunds, 116 U.S. 550, 559, 6 S.Ct. 501, 29 L.Ed. 729; Wetmore v. Rymer, 169 U.S. 115, 122, 18 S.Ct. 293, 42 L.Ed. 682; Huntington v. Laidley, 176 U.S. 668, 678, 20 S.Ct. 526, 44 L.Ed. 630. Other questions are, argued in the briefs, but t…

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