Olmstead v. Board of Supervisors
Supreme Court of Iowa
Appeal from Henry District Court. The petition in this case recites that appellants are stockholders of the State National Bank of Mount Pleasant, organized and existing under the law of congress creating national banks; that the capital of said bank is invested in bonds of the United States; that said bank was assessed for the year 1866, as agent of its shareholders in the sum of $110,840 upon its capital stock; that at the June session, 1866, of the board of supervisors,…
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Appeal from Henry District Court. The petition in this case recites that appellants are stockholders of the State National Bank of Mount Pleasant, organized and existing under the law of congress creating national banks; that the capital of said bank is invested in bonds of the United States; that said bank was assessed for the year 1866, as agent of its shareholders in the sum of $110,840 upon its capital stock; that at the June session, 1866, of the board of supervisors, appellants made application to the board to have said assessment against the bank stricken from the assessment roll,…
1Opinion of the CourtBeck, J.
1. taxation : sharesf1 bank I. The assessment and levy of the tax is illegal, the shares of the bank not being taxable. Hubbard et al. v. Supervisors of Johnson County, 23 Iowa, 130.
2. — mandamus: injunction. II. Without deciding whether mandamus is a proper remedy for plaintiffs, we are agreed in holding that the petition prays for proper relief by injunction. i” , - r . - , Neither need we determine whether the joinder of the prayers for the remedies of mandamus and injunction, is warranted by our Code of Practice. It was not objected to by defendant, and such objection, had it been made…
2Cases cited1 opinion
- Hubbard v. Board of SupervisorsSupreme Court of Iowa · 1867
3Cited by4 opinions
- Brockman v. City of CrestonSupreme Court of Iowa · 1890
- Woodbine Savings Bank v. TylerSupreme Court of Iowa · 1917
- Rood v. Board of SupervisorsSupreme Court of Iowa · 1874
- Sears, Roebuck & Co. v. RoddewigDistrict Court, S.D. Iowa · 1938