Supreme Court of the United States, 1886

Central Railroad v. Bourbon County

Supreme Court of the United States · Decided February 1, 1886 · Waite

116 U.S. 538; 6 S. Ct. 601; 29 L. Ed. 725; 1886 U.S. LEXIS 1794 (United States Reports)

Counsel

Mr. J. G. Carlisle, on behalf of Mr. J. W. Stevenson, for plaintiff in error submitted the motion., No one opposing.

Cases that cite this one

3 later published cases cite this decision.

Shreve v. Copper Bell Mining Co. (Mont. 1891)
Buffalo Zinc & Copper Co. v. Crump (Ark. 1902)
United States v. King (Mont. 1889)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.