Legal Opinion

State v. President of the Tombeckbee Bank

Supreme Court of Alabama

Decided January 15, 1828PublishedCited by 6 opinions

This was a writ of error sued out by the State, to reverse the judgement of the Circuit Court of Washington county, on a motion made in said Court at the November term, 1826, by the State against the Bank, for the recovery of a penalty of two thousand dollars, incurred by the President, Directors and Company of said Bank, for having failed to pay as required by law, into the Treasury of the State, on or before the 1st day of January, 1824, a tax at the rate of fifty cents on…

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This was a writ of error sued out by the State, to reverse the judgement of the Circuit Court of Washington county, on a motion made in said Court at the November term, 1826, by the State against the Bank, for the recovery of a penalty of two thousand dollars, incurred by the President, Directors and Company of said Bank, for having failed to pay as required by law, into the Treasury of the State, on or before the 1st day of January, 1824, a tax at the rate of fifty cents on each share of one hundred dollars of the capital stock of the Bank, according to the provisions of a statute. The…

1Opinion of the Court

JUDGE TAYLOR

delivered the opinion of the Court..

This motion was made to recover the penalty of two thousand dollars incurred under the fifth section of the act passed 27th December, 1822, entitled an act to raise a revenue for the support of government, until otherwise provided by law.b The fifth section of that act provides, that on all shares of bank stock in any bank in the State, held by any individual, partnership or body corporate, there shall be levied and collected yearly, a revenue at the rate of fifty cents on each share of one hundred dollars ; and the President and Directors or…

2Cases cited1 opinion

  1. Yeaton and Others, of the Schooner General Pinkney and Cargo v. The United StatesSupreme Court of the United States · 1809

3Cited by6 opinions

  1. Pope v. LewisSupreme Court of Alabama · 1842
  2. City of Birmingham v. BarancoAlabama Court of Appeals · 1912
  3. Broughton v. Branch BankSupreme Court of Alabama · 1850
  4. State v. AllaireSupreme Court of Alabama · 1848
  5. Freeman v. StateSupreme Court of Alabama · 1838

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