Court : US Supreme Court
..... it is entirely consistent with the declaration itself to show in point of fact what was the amount of earnings accrued during the period while the income tax act was in force which had not been assessed for taxation as profits carried to construction or other account. the declaration in the certificates could not be conclusive of anything not ..... be applied to every case without a careful regard to its necessary limitations. it should be borne in mind in the first place that the tax provided for in this section of the act is an annual income tax, and its subject is the interest paid and profits earned by the company for each year, and year by year, and that both by the ..... dividends in scrip, within the meaning of sec. 122 of the act of june 30, 1864, c. 173, as amended by the act of july 13, 1866, c. 184, but further holds that the company could show what were its earnings from sept. 1, 1862, to dec. 19, 1868, when the income tax law was in force, as its earnings during any other period .....
Tag this Judgment!Court : US Supreme Court
..... or before the first monday of november then next. it is further suggested that under the receivership originally created, the second mortgage bondholders alone were entitled to the income from that receivership, and that the trust fund under the control of the court was only that which the second mortgagee could put there -- namely the mortgagor ..... of the net proceeds of sale, the master should pay first, the costs of suit and the allowances made to the trustees and the solicitors; second, the taxes; third, the claims against the receivership and fund in court allowed by the order of january 22, 1879, and the claim of the evansville company as so ..... , and for the presentation to a master of claims against the property and the receiver. in july, 1870, one claybrook was appointed additional receiver in the original suit. he acted, after aug. 11, 1876, as sole receiver until aug. 25, 1876, after which he and schuyler were joint receivers, until december, 1876, when schuyler resigned. claybrook, .....
Tag this Judgment!Court : US Supreme Court
..... . i am not able to agree with the majority of the court in the decision of this case. the tax which is sustained is, in my judgment, a tax upon the income of nonresident aliens and nothing else. the 122d section of the revenue act of 1864, as amended by that of 1866, subjects the interest on the bonds of the company to a ..... , by the one hundred and twenty-second section of the internal revenue act of 1864, was laid upon the interest payable on the bonds and upon the dividends declared on the stock, of railroad and other corporations, as a tax on the incomes pro tanto of the holders of such bonds and stock. stockdale v. insurance companies, 20 wall. 323, 87 u. s ..... tax of five percent, page 106 u. s. 331 and authorizes the company to deduct it from the amount payable to .....
Tag this Judgment!Court : US Supreme Court
..... to dismiss an appeal from the supreme court of the district of columbia syllabus a decree is not final within the meaning of the act conferring appellate jurisdiction unless upon its affirmance nothing remains but to execute it. the court therefore dismisses an appeal by the defendant in a ..... declares the complainant to be holder of the mortgage, and, in order to ascertain the amount due him and other lien creditors, and for taxes, refers the case to a master, and appoints a receiver to take charge of the property. this is an appeal from the following decree ..... order for the delivery of the property is only in aid of the foreclosure proceedings, and to subject the income, pending the suit, to the payment of any sum that may in the end be found to be due. if anything remains, either ..... of the income or of the proceeds of the sale after the mortgage or trust debts are satisfied, it will go to the appellant .....
Tag this Judgment!Court : US Supreme Court
..... act of 1874 was that whereas, prior to its passage, the railroad company enjoyed immunity from all taxation, except at a limited rate upon its annual net income, or annual net proceeds of its investments, by that statute, each class or species of its property, without exception, was thenceforward liable, without deducting the indebtedness of the company, "to be taxed ..... , and advantage of said city," and that, "besides real and personal property, the said mayor and aldermen may tax capital invested in said city, stocks in money corporations, choses in action, income and commissions derived from the pursuit of any profession, faculty, trade or calling, dividends, bank, insurance, express, or ..... circumstances and in language almost identical, was held to have this meaning. that the statute of georgia only provides in that act for the means of collecting the taxes due to the state, affords no argument against taxation by counties and cities for local purposes, because the laws already in .....
Tag this Judgment!Court : US Supreme Court
..... all the real and personal property in the state should be levied and collected, and the income therefrom applied solely to the payment of the bonds and coupons; that the tax levied by the act and confirmed by the constitution should be a continuing annual tax until the bonds, principal and interest, were paid in full, that the appropriation of the ..... the funds. in the other, a mandamus is asked to compel the application of the funds to the payment of the interest and also the collection of the taxes authorized by the act of 1874, and the constitutional amendment of that year, to meet further interest as it shall become due. why should not both of these prayers be granted ..... s. 754 pay the coupons as they matured. and to that is added the obligation imposed by that constitution, which, in terms, declares that the proceeds of taxes collected under the act of that year "shall be paid by the treasurer of the state to the holders of said bonds, as the principal and interest of the same shall fall .....
Tag this Judgment!Court : US Supreme Court
..... , and divided, its road being at the time the dividends were earned in the military possession of the united states? 2d. whether it was liable for an income tax on income earned after the war and applied to construction and repair of the road with consent of the stockholders, who received mortgage bonds at a discount for their dividends, ..... its property and distributed to its stockholders bonds at a discount in lieu of money, with option, however, to take money, is held not liable to an income tax on the income so applied. 3. on the facts in this case, the court finds no error in the instruction to the jury respecting the exclusion of evidence in regard to ..... , the entire railroad of the company and its two principal offices were within the lines of the military forces of the united states. the act of 1862, c. 119, which provided for the tax, was not passed until after the united states had established their military possession of the territory traversed by the railroad, and within which the .....
Tag this Judgment!Court : US Supreme Court
..... paid in the ordinary way, and profits used for construction or carried to some fund. this was a classification of the income of the corporation for the purposes of taxation. in the present case, there has been no assessment of a tax, but the united states have sued to recover such sum as, upon an investigation of the accounts of the company ..... per centum on alleged profits of the company "carried to the account of any fund or used in construction," provided for by the act of june 30, 1864, c. 173, sec. 122, 13 st. 284, amended by the act of july 13, 1866, c. 184, 14 st. 139. a jury was waived and the trial had by the court. the case comes ..... .s. 277 i n error to the circuit court of the united states for the southern district of ohio syllabus the provisions in the act of june 30, 1884, 13 stat. 284, c. 173, 122, and in the act of june 13, 1868, 14 stat. 139, c. 184, 9, that the profits of a railroad company carried to the account of any .....
Tag this Judgment!Court : US Supreme Court
..... describing the disabilities which would stay the operation of the statutes -- described them more independently of the time when the cause of action accrued -- than the act of congress under consideration, and the courts, in giving it the construction they did, seemed to be largely influenced by the established interpretation given to similar ..... various limitations, the eleventh section provides for disabilities as follows: "no law of limitations, except in the cases provided for in the eighth section of this act, shall run against infants, married women, persons imprisoned, or persons of unsound mind, during the existence of their respective disabilities, and when the law of ..... not literally include disabilities arising afterwards. the courts, however, held that such was not only the literal but the true and sensible meaning of the act, and that to allow successive disabilities to protract the right to sue would in many cases defeat its salutary object and keep actions alive perhaps for .....
Tag this Judgment!Court : US Supreme Court
..... damages were laid at a greater sum. in an action upon his official bond, it was argued for the sureties that they were no more answerable than if he had acted without any writ. but chief justice shaw, in delivering the opinion of the supreme judicial court of massachusetts, overruling the objection and giving judgment for the plaintiff, said: " ..... as the officer of the court that issues the writ is, whether the goods are the property of the defendant in the writ or of any other person, an official act, and therefore, if wrongful, a breach of the bond given by the marshal for the faithful performance of the duties of his office. upon the analogous question whether the ..... person is wrongful; but each, being done by the marshal in executing the writ in his hands, is an attempt to perform his official duty, and is an official act. a person other than the defendant named in the writ whose property is wrongfully taken may indeed sue the marshal, like any other wrongdoer, in an action of trespass to .....
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