American Express Co. v. Indiana
Opinion of the Court
delivered the opinion of the court.
The defendants filed answers, setting up, among other, de-fences, that the act under which the taxes were assessed was invalid because in' contravention of the Constitution of the United States.
The causes were consolidated and tried by the Circuit Court, which made a special finding of facts and stated conclusions of law thereon in favor of the defendants, and entered judgment accordingly. The consolidated cause having been carried on appeal to the Supreme Court of the State* the judgment below was reversed, and the cause' remanded, with instructions to restate the conclusions of law and to enter judgment against the defendant in each case as specifically directed. 42 N. E. Bep. 483. This was done, and from the judgments so entered writs of error were sued out from this court.
The legislation of the State of Indiana, the validity of which is attacked in these cases, so far corresponds with that of the- State of Ohio, that the questions presented upon this record arexthe same, in effect, as those considered in Adams Express Co. v. Ohio State Auditor, and other cases, just decided, 165 U. S. 194, and require no reexamination.
For the reasons there given the judgments are
Affirmed.
Dissenting Opinion
dissenting.
Mr. Justice Field, Mr. Justice IIarlan, Mr. Justioe Brown and myself dissent from the judgment- of the court in these cases. As there is no substantial difference between the legal questions presented in the Ohio cases and those in the present cases, the reasons stated in the dissent announced in the former are relevant here, and ¿re referred to as furnishing the reasons for this dissent.
Reference
- Full Case Name
- American Express Company v. Indiana; Adams Express Company v. Indiana; United States Express Company v. Indiana
- Cited By
- 16 cases
- Status
- Published
- Syllabus
- Adams Express Co. v. Ohio, ante 19.4, followed, and held to govern this case.