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ERSKINE v. HOHNBACH

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81 U.S. 613 (1872)

14 Wall. 613

20 L.Ed. 745

ERSKINE, COLLECTOR, v. HOHNBACH.

Supreme Court of United States.

November 18, 1872.

Attorney(s) appearing for the Case

Mr. C.H. Hill, Assistant Attorney-General, for the plaintiff in error; Messrs. Smith and Stark, contra.

Mr. Justice FIELD delivered the opinion of the court.

We do not think that the omission, in the replication, to allege that the plaintiff had taken an appeal from the assessment to the Commissioner of Internal Revenue affected the character of the replication, or that the insertion of the allegation would have aided it. The defect of the replication consisted in the fact that it raised an immaterial issue. An appeal to the Commissioner of Internal Revenue from an...

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