JONES v. VAN BENTHUYSEN


103 U.S. 87 (____)

JONES v. VAN BENTHUYSEN.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. Assistant Attorney-General Smith for the plaintiff in error.

Mr. John D. Rouse and Mr. William Grant, contra.


MR. JUSTICE MILLER delivered the opinion of the court.

Sidney A. Stockdale, late collector of internal revenue at New Orleans, was sued by Van Benthuysen to recover a tax illegally exacted of him. The case was tried by a jury, and a verdict and judgment rendered for the plaintiff below. Stockdale died pending the suit, and this writ is prosecuted by his executrix.

The facts of the case, as presented to the jury, are embodied in a short bill of exceptions,...

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