U.S. Circuit Court for the District of Eastern Missouri January 15, 1877 (Northwestern Union Packet Co. v. St. Louis)

lead-opinion

TREAT, District Judge.

This case involves tbe right of tbe plaintiff to recover back money paid under protest. Within adjudicated cases, the right of action exists if the taxes or assessments were illegal, and the payment thereof was involuntary. The main proposition, therefore, requires a determination of the question as to wharfage tax proper — what it is, and where it ends.