Huntington v. Palmer

APPEAL from the Cirecuit Court of the United States for the District of California.

Huntington filed this bill against Palmer, tax-collector of the County of Alameda, California, and the Central Pacific Railroad Company, alleging that he is a stockholder of the company, and that, on behalf of himself and such other stockholders as will come in and contribute to its prosecution, he brings the suit to enjoin and restrain the company from wasting and misapplying its funds, as it threatens to do, by paying certain taxes upon its property in that county which, he alleges, were unlawfully and unconstitutionally assessed against it. The other facts are sufficiently stated in the opinion.

The demurrer of Palmer was sustained to the amended bill, and a decree rendered in favor of the defendants. Huntington appealed.

Mr. Hall McAllister and Mr. Harvey S. Brown for the appellant.

Mr. Alfred Barstow for Palmer.

MR. JUSTICE MILLER delivered the opinion of the court.