Charleston Nat. Bank v. Melton
U.S. Circuit Court for the District of West Virginia
In Equity. On motion for preliminary injunction and demurrer to bill. This bill was filed on the 24th day of March, 1909, by the plaintiff for and on behalf of its stockholders generally, seeking, on several grounds, to restrain the collection of taxes assessed for the year 1908 against the shares of stock owned by all the stockholders of plaintiff bank.
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In Equity. On motion for preliminary injunction and demurrer to bill. This bill was filed on the 24th day of March, 1909, by the plaintiff for and on behalf of its stockholders generally, seeking, on several grounds, to restrain the collection of taxes assessed for the year 1908 against the shares of stock owned by all the stockholders of plaintiff bank. The bill avers: That the defendant, Melton, was lately sheriff of Kanawha county, W. Va., and, although his term as such sheriff expired December 31, 1908, it is still his duty under the law to collect all taxes and assessments fop the year…
1Opinion of the CourtKeller, District Judge
(after stating the facts as above). On March 22, 1909, a judge of the Circuit Court for the Southern District of West Virginia granted to the plaintiff a temporary restraining order “restraining and enjoining the defendant, J. J. Melton, ex-sheriff of Kanawha county, W. Va., and his deputies, from collecting the taxes mentioned and described in said bill, or the interest or penalties thereon, or any part thereof, or any of them, from said plaintiff, its cashier, secretary, or accounting officer, or any of its stockholders, and from levying on or distraining and selling the property of the…
2Cases cited10 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- National Bank v. CommonwealthSupreme Court of the United States · 1870
- Cummings v. National BankSupreme Court of the United States · 1880
- Van Allen v. AssessorsSupreme Court of the United States · 1866
- Supervisors v. StanleySupreme Court of the United States · 1882
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3Cited by6 opinions
- In Re Tax Assessments Against the National Bank of West VirginiaWest Virginia Supreme Court · 1952
- State ex rel. Bay v. Citizens State BankSupreme Court of Missouri · 1918
- In re Feliciana Bank & Trust Co.Supreme Court of Louisiana · 1918
- Citizens' Nat. Bank v. MeltonU.S. Circuit Court for the District of West Virginia · 1909
- City of Gadsden v. American Nat. BankSupreme Court of Alabama · 1932
1 more not listed; retrieve them via the Exa API.