# Bornio v. Stockdale

> District Court, D. Louisiana · January 10, 1871 · 3 F. Cas. 909

URL: https://www.frixlaw.com/law-library/cases/8628762

## Case

- **Full name:** BORNIO v. STOCKDALE
- **Court:** District Court, D. Louisiana
- **Decided:** January 10, 1871
- **Citations:** 3 F. Cas. 909; 13 Int. Rev. Rec. 20; 1871 U.S. Dist. LEXIS 120
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Durell
- **Judges:** Durell
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8628762

## Opinion text

DURELL, District Judge,
in delivering his opinion, mentioned the remarkable provision of the law above noticed, but did not deem it necessary to pass upon the constitutional questions raised, inasmuch as the injunction could be granted on another point made by the counsel for petitioner, viz., that this penalty could not in any sense be called a tax. and therefore the law which prescribes that “no suit to restrain the collection of a tax shall be maintained in any court” did not apply to such a suit as this. His honor therefore granted the injunction as prayed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8628762. Public record. Not legal advice.