¶1Congress had' no right to interfere with the proceedings of the state courts. In his judgment, the provision was illegal and unconstitutional. Congress might impose a penalty, but could not invalidate the proceedings of the state courts; he would facilitate any appeal from his decision, upon a question of so much importance.
24 How. Pr. 357
Walton v. Bryenth
Decided February 15, 1863
New York Supreme Court · decided 1863-02-15
An order had been obtained to vacate the proceedings in this case, on the ground that the summons had been filed without an adhesive stamp, as required by the United States Internal Revenue Act, approved July 1, 1862. Edmon Blankman, defendant’s counsel, contended that the provisions of the statute rendered all original proceedings invalid and of no effect unless stamped.
Decided 1863-02-15