State v. Commercial Bank
Ohio Supreme Court
Reserved in the county of Hamilton. - This is an action of debt, brought by the State of Ohio against the defendants to recover the amount of tax due upon dividends, declared on July 1, 1833, and January 1, 1834. The case was submitted to the court, on an agreed statement of facts, substantially as follows, to wit: The defendants declared a dividend of twenty-five thousand dollars, on July 1, 1833, which was duly certified to the auditor of state, who thereupon drew upon the…
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Reserved in the county of Hamilton. - This is an action of debt, brought by the State of Ohio against the defendants to recover the amount of tax due upon dividends, declared on July 1, 1833, and January 1, 1834. The case was submitted to the court, on an agreed statement of facts, substantially as follows, to wit: The defendants declared a dividend of twenty-five thousand dollars, on July 1, 1833, which was duly certified to the auditor of state, who thereupon drew upon the defendants for five per cent, on said dividend, amounting to twelve hundred and fifty dollars. The defendants paid upon…
1Opinion of the Court
Judge Hitchcock
delivered the opinion of the court:
On March 12, 1831, the legislature of the state, by an act entitled “ an act to tax bank, insurance, and bridge companies,” 29 Ohio Stat. 802, levied a tax of five per cent, on the dividends of all such companies, and prescribed the mode in which the tax should be collected. The course pursued in this case is in conformity with that law; and the Commercial Bank of Cincinnati is within the provisions of the act as much as any other bank in the state, unless there is some principle of law which will operate to except it. To this law we see no…
2Cases cited1 opinion
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
3Cited by8 opinions
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- Matheny v. GoldenOhio Supreme Court · 1856
- State ex rel. Morgan v. MooreOhio Supreme Court · 1856
- Matheny v. GoldenOhio Supreme Court · 1856
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