Commonwealth v. Merchants & Manufacturers National Bank
Supreme Court of Pennsylvania
Appeal, No. 8, May T., 1895, by defendant, from judgment of C. P. Daupbin Co., Jan. T., 1894, No. 669, on appeal from tax settlement. Appeal from tax settlement. The case was tried before Simonton, P. J., without a jury. Simonton, P. J., delivered the following opinion : “ 1. Defendant is a national bank, organized under the act of Congress of June 3, 1864, and doing business in the city of Pittsburg, Pennsylvania.
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Appeal, No. 8, May T., 1895, by defendant, from judgment of C. P. Daupbin Co., Jan. T., 1894, No. 669, on appeal from tax settlement. Appeal from tax settlement. The case was tried before Simonton, P. J., without a jury. Simonton, P. J., delivered the following opinion : “ 1. Defendant is a national bank, organized under the act of Congress of June 3, 1864, and doing business in the city of Pittsburg, Pennsylvania. Its cashier reported, as required by section 7 of the act of June 8, 1891 (P. L. 242), to the auditor general that the whole number of shares of its capital stock issued was 16,000…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The complaint of the appellant is against the inequality of burden existing under the operation of the statute providing for the taxation of national banks. The argument is that inequality of burden establishes the unconstitutionality of the law under which the tax is levied. If the validity of our tax laws depends upon their ability to stand successfully this' test, there are none of them that can stand. Absolute equality of burden is theoretically possible but it has not been attained in practice in this state.
It is a reasonable presumption that banks are…
2Cited by12 opinions
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- State Ex Rel. Jones v. NolteSupreme Court of Missouri · 1942
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