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CENTRAL RAILROAD CO. v. BOURBON COUNTY

116 U.S. 538 (1886)

CENTRAL RAILROAD COMPANY v. BOURBON COUNTY.

Supreme Court of United States.

Decided February 1, 1886.

Attorney(s) appearing for the Case

Mr. J.G. Carlisle, on behalf of Mr. J.W. Stevenson, for plaintiff in error submitted the motion.

No one opposing.

MR. CHIEF-JUSTICE WAITE delivered the opinion of the court.

This motion is denied. Cases in which the execution of the revenue laws of a State have been enjoined or stayed are only to be advanced on motion of the State or the party claiming under such laws. Rev. Stat. § 949. Here the motion is made by the party taxed, and the suit is by the county claiming under the tax laws for the recovery of a tax. Inasmuch as the county does not move we cannot presume that...

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