Union & Planters' Bank of Memphis v. City of Memphis

Citations

• 111 F. 561
• 49 C.C.A. 455
• 1901 U.S. App. LEXIS 4403

Syllabus

<p>1. Jurisdiction of Federal Courts—Federal Question.</p> <p>A suit to enjoin tho collection of taxes levied on the capital stock of a hank, and exceeding ¡¡¡2,000 in amount, on the ground that the revenue statute under which such taxes were levied impairs the obligation of the contract embodied in the hank’s charter granted by the state, is one of which a federal court has jurisdiction, because of tho constitutional question involved, without regard to the citizenship of the parties.1</p> <p>2. Equity Jurisdiction — Preventing Multiplicity of Suits — Burrs to En- ; join Taxation.</p> <p>A court of equity has jurisdiction of a suit by a bank to enjoin a city from levying taxes upon its capital stock in violation of the terms of its charter, on the ground of the prevention of a multiplicity of suits, where it is alleged that the city lias repeatedly levied similar taxes in previous years, resulting in litigation in which the validity of the bank’s charter exemption from such taxation has been sustained by the supreme court of tho state.</p> <p>8. Res Judicata—Pleading.</p> <p>To raise the question of res judicata, the judgment relied on must he pleaded and proved.</p> <p>4. Same—Matters Concluded—Effect to be Given to Judgment of State Court When Pleaded in Another Jurisdiction.</p> <p>Under Rev. St. § 905, enacted pursuant to the authority vested in congress by Const. art. 4, § 1. to prescribe the effect to be given to judicial proceedings in other states, and which provides that the judicial proceedings of a state, when xiroperly authenticated, “shall have such faith and credit given to them in every court within the United States as they have by. law or usage in the courts of the state from whence the said records are or shall bo taken,” tbe effect of a judgment of a state court, when pleaded in a federal court or a court of another state in support of a plea of res judicata, is to lie determined by the “law or usage” of the state in which it was rendered. 2</p>