Legal Opinion

Bank of the State of Indiana v. City of New Albany

Indiana Supreme Court

Decided November 24, 1858PublishedCited by 23 opinions

APPEAL from the Floyd Circuit Court.

1Opinion of the CourtPerkins, J.

This was an application for an injunction to restrain the city of New Albany from collecting a tax levied by that corporation upon the capital stock of the *140branch of the bank therein located. The injunction was and the complaint dismissed upon demurrer. The tax was held legal.

The existing constitution of Indiana authorizes the legisiature t0 charter a bank with branches. Art. 11, § 4.. Under this authority, the legislature did charter a bank, one of the sections of the charter of which reads thus:

“ Sec. 15. The capital stock of said bank shall be subject to the same rate of taxation for state…

2Cases cited3 opinions

  1. People v. MorrisNew York Supreme Court · 1835
  2. Sloan v. StateIndiana Supreme Court · 1847
  3. State v. State BankIndiana Supreme Court · 1845

3Cited by23 opinions

  1. State v. GerhardtIndiana Supreme Court · 1896
  2. Bright v. McCulloughIndiana Supreme Court · 1866
  3. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
  4. Rose v. StateIndiana Supreme Court · 1909
  5. Henderson v. State ex rel. StoutIndiana Supreme Court · 1894

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