Legal Opinion

Northwestern Loan & Banking Co. v. Muggli

South Dakota Supreme Court

Decided October 12, 1895PublishedCited by 5 opinions

Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Action to restrain the collection of taxes. From a judgment sustaining a demurrer to the bill, plaintiff appeals. The facts are stated in the opinion. An injunction will lie at the suit of a bank to restrain a tax assessed against its shareholders. Cummings v. National, 101 U. S. 153; Pelton v. National, Id. 143. An injunction will lie to restrain the collection of personal taxes.

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Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Action to restrain the collection of taxes. From a judgment sustaining a demurrer to the bill, plaintiff appeals. The facts are stated in the opinion. An injunction will lie at the suit of a bank to restrain a tax assessed against its shareholders. Cummings v. National, 101 U. S. 153; Pelton v. National, Id. 143. An injunction will lie to restrain the collection of personal taxes. Drake v. Phillips, 40 111. 388; Foote v. Milwaukee, 18 Wis. 270; Railroad v. La Fayette, 22 Ind. 262; Comm. v. Markle, 46 Ind. 92; Knight v.…

1Opinion of the CourtKellam, J.

This is an appeal from an order of the circuit court of Lake county sustaining a demurrer to the complaint of the plaintiff, now appellant. The essential facts charged in the complaint are that appellant is an incorpor*529ated loaning and banking company under tbe laws of the state, doing business in the city of Madison; that in assessing its stock for taxation the city assessor refused to deduct from aggregate amount of its capital stock, it having no surplus fund, the amount of its investments in real estate as directed by section 24, c. 14, Laws 1891, of which the assessor was duly advised by…

2Cases cited2 opinions

  1. Cummings v. National BankSupreme Court of the United States · 1880
  2. Waseca County Bank v. McKennaSupreme Court of Minnesota · 1884

3Cited by5 opinions

  1. First National Bank v. EddySouth Dakota Supreme Court · 1924
  2. Fiman v. Hughes CountySouth Dakota Supreme Court · 1929
  3. Macomb v. Lake CountySouth Dakota Supreme Court · 1900
  4. First National Bank v. EddySouth Dakota Supreme Court · 1924
  5. Northwestern Loan & Banking Co. v. MuggliSouth Dakota Supreme Court · 1895

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