Court : US Supreme Court
..... or with any other parties for any other property, together with all and singular the tenements and appurtenances thereto belonging, and the reversions, page 93 u. s. 426 remainders, tolls, incomes, rents, issues, and profits thereof, and also all the estates, rights, titles, and interests whatsoever, as well at law as in equity, of the said rockford, rock island & ..... at a judicial sale under a decree of foreclosure takes effect by relation to the date of the mortgage, and defeats any subsequent lien or encumbrance. a lien for taxes does not, however, stand upon the footing of an ordinary encumbrance, and is not displaced by a sale under a preexisting judgment or decree, unless otherwise directed by ..... of april, and on may 27 of that year an order was made confirming the sale and directing a conveyance, which was carried into effect. the receiver continued to act until july 26, 1876, when he was discharged from his trust. in his formal report of that page 93 u. s. 427 date, he states that he .....
Tag this Judgment!Court : US Supreme Court
..... december then next preceding, exhibiting the following facts and items, in the following form: namely, 1st, capital stock; 2d, assets, detailed; 3d, liabilities, detailed; 4th, income preceding year, detailed; 5th, expenditures preceding year, detailed; 6th, greatest risk; 7th, certified copy of charter." "sec. 2. the said statement shall be filed in the ..... art. 1, sec. 10, clause 1) declares page 93 u. s. 122 that "no state shall pass any law impairing the obligation of contracts." the act of 1869, before mentioned, forbids any company to do the business of insurance in the state, without first obtaining a certificate from the comptroller-general of the state ..... insurance company located, having an office or doing business within the city of augusta, $250." the legislature, by an act passed feb. 26, 1874, validated all existing ordinances of said city council imposing taxes for the support of its municipal government for 1874. thereupon the plaintiff in error filed its bill in the superior .....
Tag this Judgment!Court : US Supreme Court
..... , the interest which the person proceeded against had in the property when the seizure was made, free from all intermediate conveyances or encumbrances, whether the result of the voluntary act of the owner or the action of his creditors against him. whatever interest he had in the property had been seized, as page 94 u. s. 713 forfeited to ..... . wassell 94 u.s. 711 appeal from the circuit court of the united states for the eastern district of arkansas syllabus certain lands in arkansas, liable to confiscation under the act of july 17, 1862, 12 stat. 589, and belonging to a., a nonresident of the state, were seized feb. 16, 1865, by the marshal, pursuant to instructions from ..... interfere and grant appropriate relief. in cairns v. chabut, supra, when the tenant for life failed to keep down the taxes, an order was made for the appointment of a receiver of so much of the rents and income of the estate as should be necessary to pay off and discharge the amounts then in arrear. we see no reason why .....
Tag this Judgment!Court : US Supreme Court
..... time when the successor, or any person in his right or his behalf, shall become entitled in possession to his succession, or to the receipt of the income or profits thereof." the act of 1864 contains no statement or intimation that this duty creates any lien upon the land, or that any obligation arises, or that any right accrues at ..... entitled to the possession of the land? by the statute of 1864, as a part of a system of taxation made necessary by the existence of a civil war, a tax was imposed upon the "succession to real estate." 13 stat. 287. the term "real estate" was defined to include all lands, tenements, and hereditaments, corporeal and incorporeal, and ..... the opinion of the court. mr. justice hunt delivered the opinion of the court. the plaintiffs below brought their action against the collector of internal revenue to recover back a tax paid to him to avoid distraint. the facts are these: william p. mason, the plaintiff's testator, died dec. 4, 1867. by his will, the real estate .....
Tag this Judgment!Court : US Supreme Court
..... percent and interest at the rate of one percent per month, apply only to cases of default in the payment of duties upon incomes imposed by sec. 119 as amended. 13 id. 283; 14 id. 480. judgment affirmed, the costs incident to each writ to be paid by the party suing it out ..... . 323. we think that the circuit court was right in holding that the only penalty to which the company was liable for default under sec. 122 of the internal revenue act of june 30, 1864, 13 stat. 284, as amended july 13, 1866, 14 id. 138, was that of $1,000 specially provided for in that section. the penalty of five ..... the company were abandoned here. the only question submitted was whether the company was liable for any sum beyond the penalty of $1,000 for its default in paying the tax of five percent upon the amount paid to the holders of the coupons, which represented the interest on its bonds, and upon the dividends payable to its stockholders. the court .....
Tag this Judgment!Court : US Supreme Court
..... twenty years after the incorporation of that company is unimportant. nor does it affect the case that, before the power was exercised, the company had pledged its income as security for the payment of debts incurred, and had leased its road to a tenant that relied upon the earnings for the means of paying the stipulated ..... and to keep the railroad and branches equipped, and maintain and operate them in such manner as to furnish reasonable accommodations to the public, and to pay all taxes and assessments that might be lawfully levied, charged, or assessed on the roads and property or any part thereof; to assume all leases, contracts, bonds, and ..... that the right of the company to fix and control the tariff of charges for transportation would never be denied or interfered with. the complainant insists that the act referred to impairs the obligation of the contract between the state and the burlington & missouri river railroad company, that between that company and its stock and bond .....
Tag this Judgment!Court : US Supreme Court
..... to complete the road within two years. the early completion of the road was beneficial to the company as well as to the public. until then, there could be no income, and there was a constant loss of interest. every step of progress added to the value of the lands of the company through which the road was to pass. each ..... road having been completed within the time limited by the second -- created a contract within the contract clause of the constitution of the united states, and that therefore the two acts of 1870 abrogating the exemptions were void. in the argument here, a large share of the discussion was devoted to sec. 1, art. 2, of the constitution of wisconsin. in ..... purposes shall page 93 u. s. 597 be liable to taxation the same as other real estate." by an act of march 24, 1871, the exemption act of march 16, 1870, was amended so that it should not apply to trempealeau county. the tax in question was levied in 1871, and the sale for its nonpayment complained of was made in 1872. the .....
Tag this Judgment!Court : US Supreme Court
..... amended; and that it applies exclusively to the tax upon the income of individuals. nothing else was within its scope. it was confined to that subject. this limitation was not in the original internal revenue act of aug. 5, 1861, 12 stat. 292, although that act imposed the income tax. the limitation appeared first in the act of july 1, 1862, 12 stat. 474 ..... , sec. 92. it appeared again successively in the act of june 30, 1864, 13 stat. 283, sec. 119; in the ..... act of june 13, 1866, 14 stat. 138; and in the act of march 2, 1867, 14 stat. .....
Tag this Judgment!Court : US Supreme Court
..... assessor for county purposes." "sec. 3. the county treasurer shall be authorized and required to receive and collect of the sheriff of the county the income from the tax provided in the previous section, and to apply the same to the payment of the stock subscription according to its terms or to the payments of interest ..... , to be held therein, shall assent thereto." in 1871, the legislature of missouri so amended sec. 2 of the township aid act of 1868 as to make the tax therein provided for a tax upon all the real estate and personal property within the township. the county answered that said bonds were issued in payment of a ..... town, at a regular or special election to be held therein, shall assent thereto." in harshman v. bates county, 92 u. s. 569 , we incidentally decided the act to be unconstitutional; but the point then specially in controversy was as to the applicability of this constitutional prohibition to township organizations. it was impliedly conceded upon the argument that .....
Tag this Judgment!Court : US Supreme Court
..... the cost and expenses of their roads. it was only upon such report that the legislature was to determine the portion of the income which should be received in lieu of other taxes. the new company was subject to no such duty of keeping an account of the expenditures and receipts of the original lines; ..... pleasure of the legislature, in the same manner as if an express provision to that effect were therein contained, unless there shall have been inserted in such act of incorporation an express limitation or provision to the contrary." although this provision could not bind any succeeding legislature which might choose to disregard it, so long ..... the election of the directors, the corporation making the agreement were to be consolidated, and together to constitute a new corporation, by the name therein mentioned. the act provided that the new corporation thus formed should have "all the powers, privileges, and immunities" possessed by each of the corporations entering into the agreement, and be .....
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