Legal Opinion

Mercantile Nat. Bank v. Hubbard

Court of Appeals for the Sixth Circuit

Decided December 10, 1900No. 817PublishedCited by 7 opinions

Appeal from the Circuit Court of the United States for the Northern District of Ohio. ' For opinion below, see 98 Fed. 465. The bill in this case sought to restrain the collection of certain additional taxes imposed on shares of stock in the bank by virtue of an order of the state board of equalization for the state of Ohio for the year 1S97. It was also sought to enjoin the collection of the tax levied upon said shares held by certain stockholders upon the ground that the…

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Appeal from the Circuit Court of the United States for the Northern District of Ohio. ' For opinion below, see 98 Fed. 465. The bill in this case sought to restrain the collection of certain additional taxes imposed on shares of stock in the bank by virtue of an order of the state board of equalization for the state of Ohio for the year 1S97. It was also sought to enjoin the collection of the tax levied upon said shares held by certain stockholders upon the ground that the stockholders named were on the taxing day of that year lawfully indebted to others in bona fide debts in excess 'of all…

1Opinion of the CourtDay, Circuit Judge

The learned circuit judge, in disposing of the matter of the increase of the valuation of the stock in complainant bank made by the state board of equalization for incorporated banks, expressed the opinion that the tax actually assessed being no greater than ought to have been assessed, considering the market value of said stock, the complainant was not in a position to ask a court of equity to intervene; and he therefore declined to consider the irregularity in the action of the state board. The statute of Ohio (section 2808) fixes the time for the meeting of the state board. This board is…

2Cases cited9 opinions

  1. Hovey v. ElliottSupreme Court of the United States · 1897
  2. Cummings v. National BankSupreme Court of the United States · 1880
  3. New Orleans v. Citizens' BankSupreme Court of the United States · 1897
  4. Hanley v. DonoghueSupreme Court of the United States · 1885
  5. Bissell v. Spring Valley TownshipSupreme Court of the United States · 1888

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3Cited by7 opinions

  1. Kansas City Exposition Driving Park v. Kansas CitySupreme Court of Missouri · 1903
  2. North Side Canal Co. v. State Board of Equalization of WyomingCourt of Appeals for the Eighth Circuit · 1926
  3. Watson v. Proximity Manufacturing Co.Supreme Court of North Carolina · 1908
  4. First National Bank v. City of HartfordWisconsin Supreme Court · 1925
  5. Mercantile Nat. Bank of Cleveland v. LanderU.S. Circuit Court for the District of Northern Ohio · 1901

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