Allen v. Pullman's Palace Car Co. - 139 U.S. 658 (1891)

U.S. Supreme Court

Allen v. Pullman's Palace Car Co., 139 U.S. 658 (1891)

Allen v. Pullman's Palace Car Company

Nos. 1381, 1382

Argued March 16, 1891

Decided April 13, 1891

139 U.S. 658

APPEALS FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE MIDDLE DISTRICT OF TENNESSEE

Syllabus

Purely injunction bills cannot be maintained to restrain the collection of taxes upon the sole ground of their unconstitutionality. Shelton v. Platt, 139 U. S. 591, affirmed and applied.

When in a suit in equity this Court finds, on examining the proofs, nothing which makes a proper case for equity, it is its duty to recognize the fact and give it effect though not raised by the pleadings nor suggested by counsel.