Legal Opinion

State Bank v. Board of Revenue

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 9 opinions

Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. In the matter of the assessment of taxes against the State Bank, a corporation organized under the laws of Alabama in January, 1885, on notice issued to it by the County Board of Bevenue, to appear and show cause why the assessment against it, as returned by the county assessor, 'should not be increased from $37,000 to $100,000. The assessor’s return is not set out in the record, and the form…

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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. In the matter of the assessment of taxes against the State Bank, a corporation organized under the laws of Alabama in January, 1885, on notice issued to it by the County Board of Bevenue, to appear and show cause why the assessment against it, as returned by the county assessor, 'should not be increased from $37,000 to $100,000. The assessor’s return is not set out in the record, and the form in which it was made out, whether against the bank or against the share-holders, is not shown. J. F. Leary, as cashier,…

1Opinion of the CourtStone, C. J.

The appellant is a banking corporation created under the laws of Alabama, and the chief question raised by the record is, whether, in assessing the shares of the bank for taxation, the share-holders are entitled to a credit or discount of the debts they severally owe from the value of their shares, as a subject of taxation. But there is a preliminary question.

The appellee contends that only the shareholders are competent to raise the question, and that the bank, as a corporation, is without interest in the suit, and can not be heard to complain. On principle, it would seem this argument ought…

2Cases cited12 opinions

  1. National Bank v. CommonwealthSupreme Court of the United States · 1870
  2. Cummings v. National BankSupreme Court of the United States · 1880
  3. Van Allen v. AssessorsSupreme Court of the United States · 1866
  4. Supervisors v. StanleySupreme Court of the United States · 1882
  5. People v. WeaverSupreme Court of the United States · 1880

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. State v. Birmingham So. Ry. Co.Supreme Court of Alabama · 1913
  2. State v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1914
  3. State v. Alabama Power Co.Supreme Court of Alabama · 1950
  4. People v. Illinois Central RailroadIllinois Supreme Court · 1916
  5. Hooper v. StateSupreme Court of Alabama · 1904

4 more not listed; retrieve them via the Exa API.

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