[Download] "Hannewinkle v. Georgetown" by United States Supreme Court * Book PDF Kindle ePub Free

June 04, 2021

eBook details

Title: Hannewinkle v. Georgetown
Author : United States Supreme Court
Release Date : January 01, 1872
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 55 KB

Description

Mr. Samuel Tyler, for the appellant; Mr. W. A. Cook, contra. The action in this case cannot be sustained. It has been the settled law of the country for a great many years, that an injunction bill to restrain the collection of a tax, on the sole ground of the illegality of the tax, cannot be maintained. There must be an allegation of fraud; that it creates a cloud upon the title; that there is apprehension of multiplicity of suits, or some cause presenting a case of equity jurisdiction. This was decided as early as the days of Chancellor Kent, in Mooers v. Smedley,1 and has been so held from that time onward. The remedy was held to be at law by writ of certiorari or by action of trespass.