Mercantile Nat. Bank of Cleveland v. Hubbard
U.S. Circuit Court for the District of Northern Ohio
In Equity. This case comes before the court on exceptions to the report of the master. The hill was filed by the Mercantile National Bank of Cleveland, Ohio, a banking corporation organized under the laws of the United States, and doing business in the city of Cleveland, to enjoin the county treasurer of Cuyahoga county, Ohio, from collecting- taxes assessed against the holders of the shares of its capital stock, on the ground that the taxes thus assessed violate section…
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In Equity. This case comes before the court on exceptions to the report of the master. The hill was filed by the Mercantile National Bank of Cleveland, Ohio, a banking corporation organized under the laws of the United States, and doing business in the city of Cleveland, to enjoin the county treasurer of Cuyahoga county, Ohio, from collecting- taxes assessed against the holders of the shares of its capital stock, on the ground that the taxes thus assessed violate section 5219 of the Revised Statutes of the United States, which provides that the taxation of national bank shares shall not be at…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts as above). I am not able elaborately to state the reasons for my conclusions in this case. I think it better, in view of the fact that the case will certainly be appealed, that I should give a very summary statement of them.
Upon the first issue, — whether the action of the state board of equalization was invalid for want of notice, — I do not find it necessary to pass. The action of the state board was embodied in a report to the county auditor, and by Mm placed upon the duplicate, so that it now appears on the face of the duplicate as a lawful warrant for the…
2Cases cited2 opinions
- Mercantile Bank v. New YorkSupreme Court of the United States · 1887
- First National Bank of Wellington v. ChapmanSupreme Court of the United States · 1899
3Cited by11 opinions
- American National Building & Loan Ass'n v. Mayor of BaltimoreCourt of Appeals of Maryland · 1967
- First National Bank v. County of DawsonMontana Supreme Court · 1923
- First National Bank v. City of HartfordWisconsin Supreme Court · 1925
- Davis v. Sexton, County TreasurerIndiana Supreme Court · 1936
- Merchants' National Bank v. Dawson CountyMontana Supreme Court · 1933
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