Northwestern Loan & Banking Co. v. Muggli
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. This case was first decided by this court in an opinion reported in 7 S. D. 527, 64 N. W. 1122, in which opinion the judgment of the court below in favor of defendant was affirmed. Appellant asks for a rehearing.
1Opinion of the CourtKellam, J.
Appellant asks for a rehearing of this case, the opinion in which is reported in 64 N. W. 1122, 7 S D. 527, on the ground that the decision made is against the weight of authority. The question upon which the case turns is whether, under the laws of this state providing for the assessment of the shares of stock of a banking corporation against the individual stockholders owning the same, and upon the facts in this case, an action can be maintained by the bank itself to restrain the collection of taxes thus assessed against its individual stockholders, on the ground that such assessment was…
2Cases cited5 opinions
- Cummings v. National BankSupreme Court of the United States · 1880
- Hills v. Exchange BankSupreme Court of the United States · 1882
- Albany City Nat. Bank v. MaherU.S. Circuit Court for the District of Northern New York · 1881
- Whitney Nat. Bank v. ParkerU.S. Circuit Court for the District of Eastern Louisiana · 1890
- Northwestern Loan & Banking Co. v. MuggliSouth Dakota Supreme Court · 1895
3Cited by3 opinions
- First National Bank v. EddySouth Dakota Supreme Court · 1924
- Fiman v. Hughes CountySouth Dakota Supreme Court · 1929
- Macomb v. Lake CountySouth Dakota Supreme Court · 1900