DRAKE
v.
KOCHERSPERGER
DRAKE
KOCHERSPERGER
170 U.S. 303
Supreme Court of the United States (1897)
Positive Treatment
Also reported at: 42 L. Ed. 1046 · 18 S. Ct. 942 · 1898 U.S. LEXIS 1546 · SCDB 1897-122
Cited by 8 cases
Opinion of the Court
Mr. Justice McKenna :
The judgment of the Supreme Court of the State was not final, and the writ of error must be
Dismissed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gully v. First Nat'l Bank in Meridian, 299 U.S. 109 (U.S. 1936)…suit to recover such a tax would not be one arising under the Constitution of the United States, though the bank would have the aid of the Constitution when it came to its defense. Tennessee v. Union & Planters Bank, supra; Sawyer v. Kochersperger, 170 U. S. 303; Arkansas v. Kansas & Texas Coal Co., 183 U. S. 185; Louisville & Nashville R. Co. v. Mottley, supra. That there is a federal law permitting such taxation does not change the basis of the suit, which is still the statute of the state, though the fed…
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Arkansas v. Kan. & Tex. Coal Co. & San Francisco R.R., 183 U.S. 185 (U.S. 1901)…ed States, or under statutes of the United States, or of a-State, in conflict with the Constitution. Tennessee v. Union & Planters' Bank, 152 U. S. 454; Chappell v. Waterworth, 155 U. S. 102; Walker v. Collins, 167 U. S. 57; Sawyer v. Kockersperger, 170 U. S. 303; Florida Central & Peninsula Railroad v. Bell, 176 U. S. 321. [*189] In this case the State asserted no right under the Constitution or laws of the United States, and put forward ho ground of relief derived from either. There • were no averments on…
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Commercial Metals Co. v. Balfour, 577 F.2d 264 (5th Cir. 1978)…be one arising under the Constitution of the United States, though the bank would have the aid of the Constitution when it [*268] came to its defense. Tennessee v. Union & Planters Bank, supra; Sawyer v. Ko-chersperger, 170 U.S. 303, [18 S.Ct. 946, 42 L.Ed. 1046]; Arkansas v. Kansas & Texas Coal Co., 183 U.S. 185, [22 S.Ct. 47, 46 L.Ed. 144]; Louisville & Nashville R. Co. v. Mottley, supra. That there is a federal law permitting such taxation does not change the basis of the suit, which is still the statute…
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