Cleveland Trust Co. v. Lander
Ohio Supreme Court
Error to the Circuit Court of Cuyahoga County. The Cleveland Trust Company, plaintiff below, and also plaintiff in error here, is a corporation organized and incorporated under the statutes of this state, and is engaged in the banking business at the city of Cleveland. It has a paid-up capital stock of $500,-000 divided into shares of one hundred dollars each. It owns and holds 174 bonds of the United States, each of the denomination of one thousand dollars.
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Error to the Circuit Court of Cuyahoga County. The Cleveland Trust Company, plaintiff below, and also plaintiff in error here, is a corporation organized and incorporated under the statutes of this state, and is engaged in the banking business at the city of Cleveland. It has a paid-up capital stock of $500,-000 divided into shares of one hundred dollars each. It owns and holds 174 bonds of the United States, each of the denomination of one thousand dollars. In making its return for taxation in May, 1898, to the county auditor it deducted the value of said bonds from its capital stock and…
1Opinion of the CourtBurket, J.
The petition is in due and proper form, so that the demurrer is upon the merits of the cause, and not upon the form of the petition.
The taxation of banks and banking associations is regulated in this state by statute, and therefore the custom of banks and banking associations can avail nothing against such public statutes; neither can the acts or official course of procedure of county auditors make lawful that which is in conflict with such statutes. Custom cannot prevail over a statute. If the county auditors have been derelict in their duties, as to the taxation of banks, bankers, banking…
2Cases cited9 opinions
- Cummings v. National BankSupreme Court of the United States · 1880
- Mercantile Bank v. New YorkSupreme Court of the United States · 1887
- Owensboro National Bank v. OwensboroSupreme Court of the United States · 1899
- Supervisors v. StanleySupreme Court of the United States · 1882
- People v. WeaverSupreme Court of the United States · 1880
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