McGahey v. Virginia
Citations
- 135 U.S. 662
- 34 L. Ed. 304
- 1890 U.S. LEXIS 2050
- 10 S. Ct. 972
Syllabus
<p>The decisions Hartman v. Greenhow, 102 U. S. 672; Antoni v. Greenhow, 107 U. S. 769; Virginia Coupon Cases, 114 U. S. 269; Barry v. Edmunds, 116 U. S. 550; Chaffin v. Taylor, 116 U. S. 567; Royall v. Virginia, 116 U. S. 572; Sands v. Edmunds, 116 U. S. 585; Royall v. Virginia, 121 U. S. 102; In re Ayers, In re Scott and In re McCabe, 123 U. S. 443, are reviewed; . and, without committing the court to all that has been said, or even all that has been adjudged in those cases, on the subject of the act of the legislature of Virginia of March 30, 1871, to provide for the funding and .payment of the public debt, and the issue of coupon bonds of the State under its provisions, it is now Held,</p> <p>(1) That the provisions of the act of 1871 constitute a contract between the State of Virginia and the lawful holders of the bonds and coupons issued under and jn pursuance of said statute;</p> <p>(2) That the various acts of the assembly of Virginia passed for the purpose of restraining the use of said coupons for the payment of taxes and other dues to the State, and imposing impediments and obstructions to that use, and to the proceedings instituted for - establishing their genuineness, do in many respects materially impair the obligation of that contract, and cannot be held to be valid or binding in so far as they have that effect;</p> <p>(3) That no proceedings can be instituted by any holder of said bonds or coupons against the Commonwealth of Virginia, either directly by suit against the Commonwealth by name, or indirectly against her executive officers to control them in the exercise of their official functions as agents of the State;</p> <p>(4) That any lawful holder of the tax-receivable coupons of the State issued under the act of 1871 or the subsequent act of 1879, who tenders such coupons in payment of- taxes, debts, dues and demands due from him to the State, and continues to hold himself ready to tender the same in payment thereof, is entitled to b.'e free fro
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- permitting action against state officer who, acting pursuant to state law that allegedly violated the contract clause, U.S. Const. art. I, Sec. 10, cl. 1, refused to accept bonds issued by state government and thereafter seized taxpayer's property to satisfy tax liability
- permitting action against state officer who, acting pursuant to state law that allegedly violated the contract clause, U.S. Const, art. I, § 10, cl. 1, refused to accept bonds issued by state government and thereafter seized taxpayer’s property to satisfy tax liability
- “what would be reasonable in one class of cases would be entirely unreasonable in another.”
- Dissenting opinion of Frank, Circuit Judge
Source: CourtListener parenthetical corpus (CC0).
Judges: Bradley
Read full opinion on CourtListenerCited by
71 cases in this archive cite this case; the 20 most cited are listed.
- Home Building & Loan Assn. v. BlaisdellSupreme Court· 1934-01-08· cited 1,617×
- The Employers'liability CasesSupreme Court· 1908-01-06· cited 335×
- Pennoyer v. McConnaughySupreme Court· 1891-04-20· cited 273×
- Mujahid Farid v. Harold J. Smith, Superintendent of the Attica Correctional Facility, Individually and in His Official CapacitySecond Circuit· 1988-06-22· cited 227×
- New Jersey Sports & Exposition Authority v. McCraneSupreme Court of New Jersey· 1972-05-12· cited 153×
- Shelton v. PlattSupreme Court· 1891-04-13· cited 116×
- Ochoa v. Hernandez Y MoralesSupreme Court· 1913-06-16· cited 116×
- Tidal Oil Co. v. FlanaganSupreme Court· 1924-01-07· cited 113×
- Mulvey v. City of BostonMassachusetts Supreme Judicial Court· 1908-01-14· cited 103×
- Wheeler v. JacksonSupreme Court· 1890-11-24· cited 81×
- Lamb v. Powder River Live Stock Co.Eighth Circuit· 1904-09-05· cited 68×
- Kirk v. Denver Publishing Co.Supreme Court of Colorado· 1991-09-23· cited 66×
- State Highway Commissioner v. Detroit City ControllerMichigan Supreme Court· 1951-10-01· cited 64×
- Frank M. Ockerman, Individually and on Behalf of All Others Similarly Situated, (92-5265) v. May Zima & Company, (92-5266)Sixth Circuit· 1994-06-28· cited 53×
- Phipps v. SutherlandSupreme Court of Virginia· 1959-11-30· cited 44×
- Charles C. Hodge v. Service MacHine CompanySixth Circuit· 1971-02-18· cited 41×
- the Matter of County of Chemung, St. Lawrence, Chautauqua, Jefferson, Oneida, Genesee, Cayuga, Monroe v. Nirav R. ShahNew York Court of Appeals· 2016-10-27· cited 34×
- Hunton v. CommonwealthSupreme Court of Virginia· 1936-01-16· cited 33×
- Virginia v. West VirginiaSupreme Court· 1911-03-13· cited 32×
- Rand v. BossenCalifornia Supreme Court· 1945-10-09· cited 28×
Cites
5 cases in this archive are cited by this case.
- Antoni v. GreenhowSupreme Court· 1883-03-18· cited 90×
- Hartman v. GreenhowSupreme Court· 1881-01-24· cited 65×
- Royall v. VirginiaSupreme Court· 1886-02-01· cited 64×
- Poindexter v. Greenhow, Treasurer, Etc. In Error to the HustingsSupreme Court· 1885-04-20· cited 45×
- Chaffin v. TaylorSupreme Court· 1886-02-01· cited 38×
Sourced from CourtListener / Free Law Project (CC0).
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