Legal Opinion

National Commercial Bank v. Mayor of Mobile

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 19 opinions

Appeal from Chancery Court of Mobile. Heard before Hon. H. Austill. This was a bill in equity filed by the National Commercial Bank of Mobile against the Mayor, Aldermen & Common Council of the Oily of Mobile, and W. H. Sheffield, its tax-collector, seeking to enjoin the collection of a tax, which the corporate authorities assessed upon the shares of the capital stock of the bank in gross.

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Appeal from Chancery Court of Mobile. Heard before Hon. H. Austill. This was a bill in equity filed by the National Commercial Bank of Mobile against the Mayor, Aldermen & Common Council of the Oily of Mobile, and W. H. Sheffield, its tax-collector, seeking to enjoin the collection of a tax, which the corporate authorities assessed upon the shares of the capital stock of the bank in gross. The bill shows that the bank was incorporated on the 13th day of May, 1871, and chartered as a national banking association, under the laws of the United States, and is located and doing business in the…

1Opinion of the CourtManning, J.

The main question — one that has been ably and strenuously argued in this cause — concerns the validity of a taxation by the city of Mobile against appellant, the National Commercial Bank of Mobile, of a certain per centum upon the amount ($350,000) of its capital; appellant being a “ national banking association,” under the act of Congress “ authorizing, providing for the establishment of, and regulating such institutions.”

It is through them, called generally “National Banks,” that the “ national currency,” payment of which is guaranteed by the general government, is emitted and kept in…

2Cases cited10 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
  4. Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
  5. National Bank v. CommonwealthSupreme Court of the United States · 1870

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

3Cited by19 opinions

  1. McLaren v. AndersonSupreme Court of Alabama · 1886
  2. Pollard v. State ex rel. ZuberSupreme Court of Alabama · 1880
  3. Maguire v. Board of Revenue & Road Commissioners of Mobile CountySupreme Court of Alabama · 1882
  4. Stapylton v. ThaggardCourt of Appeals for the Fifth Circuit · 1898
  5. Allred v. DunnSupreme Court of Alabama · 1922

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

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