Sumter County v. National Bank
Supreme Court of Alabama
Appeal from. Sumter Circuit Court* Tried before Hon. Lütheb B. Smith. The opinion states tbe facts. The act of Congress of 1863, called the “ national currency act,” Was silent as to taxation by the State. — U. S. Stat. at Large, 1863, p. 665. But the act of Congress of 1864 put it beyond question that these banking associations were liable to taxation by the State, subject to the two restrictions therein named. — U. S. Stat. at Large, p. 112. And the act of February 10,…
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Appeal from. Sumter Circuit Court* Tried before Hon. Lütheb B. Smith. The opinion states tbe facts. The act of Congress of 1863, called the “ national currency act,” Was silent as to taxation by the State. — U. S. Stat. at Large, 1863, p. 665. But the act of Congress of 1864 put it beyond question that these banking associations were liable to taxation by the State, subject to the two restrictions therein named. — U. S. Stat. at Large, p. 112. And the act of February 10, 1868, now forming section 5219 of the United States Bevised Statutes, removes all restriction on the power of State…
1Opinion of the CourtStone, J.
The present complaint contains many counts, but in each one the taxes claimed are averred to have been assessed upon the capital stock of the defendant corporation, by an aggregate or gross assessment. In the case of The National Commercial Bank of Mobile v. Mayor, &c., of Mobile, we ruled that such assessment is irregular and invalid, and that the capital stock of a national bank can not be the subject of State taxation. — See that case ante, page 284. In the counts of the amended complaint, it is averred that the defendant — the national bank — “ according to the statute in such cases made…
2Cases cited4 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Van Allen v. AssessorsSupreme Court of the United States · 1866
- Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875
3Cited by8 opinions
- Pollard v. State ex rel. ZuberSupreme Court of Alabama · 1880
- Maguire v. Board of Revenue & Road Commissioners of Mobile CountySupreme Court of Alabama · 1882
- State v. KiddSupreme Court of Alabama · 1899
- State v. SlossSupreme Court of Alabama · 1887
- Exchange National Bank v. MillerUnited States Circuit Court · 1884
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