First National Bank v. McBride
New Mexico Supreme Court
Appeal from District Court, Colfax co-uuty; T. D. Lieb, Judge. ■Action by the First National,Bank of Eaton, and others,, against Thomas McBride, Treasurer of Colfax Counly,. N. MJ From judgment for plaintiffs, defendant appeals..
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Appeal from District Court, Colfax co-uuty; T. D. Lieb, Judge. ■Action by the First National,Bank of Eaton, and others,, against Thomas McBride, Treasurer of Colfax Counly,. N. MJ From judgment for plaintiffs, defendant appeals.. The court erred in holding that complainants alleged a violation of section 5219 of the Eevised Statutes of the-United States, because that section does not apply to moneyed capital in the hands of individuals unless such money comes into competition with the money of national banks. Mercantile Bank v. New York, 121 U. S. 138; Evansville Bank v. Brittan, 105 U. S.…
1Opinion of the Court
OPINION OF THE COURT.
PARKER, J.
— This is a suit in equity to restrain a. tax sale. Three national banks and one state bank join as plaintiffs. The plaintiffs allege that, in pursuance of a notice by the county assessor that all property must be returned at 35 per cent, of its actual value, they returned their property at 35 per cent, of its actual value, while many other taxpayers of the county returned their property at a much less rate. They allege that the said notice and requirement of the assessor was “intentionally, systematically, and arbitrarily” made and promulgated for the purpose…
2Cases cited26 opinions
- Cummings v. National BankSupreme Court of the United States · 1880
- Mercantile Bank v. New YorkSupreme Court of the United States · 1887
- Aberdeen Bank v. Chehalis CountySupreme Court of the United States · 1897
- Taylor v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1898
- Merrill v. HumphreyMichigan Supreme Court · 1871
21 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Pierce v. GreenSupreme Court of Iowa · 1940
- DesGeorges v. GraingerNew Mexico Supreme Court · 1966
- State Ex Rel. Castillo Corp. v. New Mexico State Tax CommissionNew Mexico Supreme Court · 1968
- Sais v. City Electric Co.New Mexico Supreme Court · 1920
- Zellers v. HuffNew Mexico Supreme Court · 1951
14 more not listed; retrieve them via the Exa API.