Bank of Holyrood v. Kottmann

The opinion of the court was delivered by

Dawson, J.:

This was an action to recover an excess of bank taxes paid under protest.

The facts were these: In 1927 the stock of the Bank of Holyrood, in Ellsworth county, was assessed at the general-property-tax rate of $2.959 per $100 valuation. On that basis the aggregate tax on the stock of the bank was $1,289.24, whereas the proper tax of $0.50 *594per $100 valuation amounted to $217.85, under familiar federal and state decisions. Plaintiff’s petition alleged— ♦

“That the plaintiff bank, on January 9, 1928, to avoid seizure of the property •of the other…