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THE COLLECTOR v. HUBBARD

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79 U.S. 1 (1871)

12 Wall. 1

20 L.Ed. 272

THE COLLECTOR, v. HUBBARD.

Supreme Court of United States.

April 10, 1871.

Attorney(s) appearing for the Case

Mr. C.E. Perkins, in support of the judgment below:

Mr. Akerman, Attorney-General, and Mr. Bristow, Solicitor-General, contra:

Mr. Justice CLIFFORD delivered the opinion of the court.

Suits to recover back moneys illegally exacted as internal revenue duties cannot, under existing laws, be commenced in the Circuit Courts, except in cases where the taxpayer and the defendant, whether the assessor or collector, are citizens of different States.* Such suits under any other circumstances must be commenced in the State courts...

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