Legal Opinion

Ruggles v. City of Fond du Lac

Wisconsin Supreme Court

Decided November 22, 1881PublishedCited by 17 opinions

APPEAL from the Circuit Court'for Fond du Lao County. The complaint contains two counts. Defendant demurred to the whole thereof, on the ground that two causes of action are improperly united, and to each count on the ground that it fails to state a cause of action.

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APPEAL from the Circuit Court'for Fond du Lao County. The complaint contains two counts. Defendant demurred to the whole thereof, on the ground that two causes of action are improperly united, and to each count on the ground that it fails to state a cause of action. It is alleged in the first count, in substance, that on May 1, 1879, the plaintiff held 526 shares of the capital stock of the First National Bank of Fond du Lac, of the value of $52,600, but that he was then indebted for 375 shares of said stock in the sum of $37,800; that the assessors of the defendant city in that year assessed…

1Opinion of the CourtLyon, J.

The act of congress under which the First National Bank of Fond du Lae was organized, permits state taxation of the shares of stock in national banks, with the restriction that the same shall not be taxed “ at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such state.” . E. S. U. S., sec. 5219. A statute of this state (E. S., sec. 1038) exempts from taxation “ so much of the debts due or to become due to any person as shall equal the amount of bona fide and unconditional debts by him owing.” Subd. 10. The supreme court of the United States…

2Cases cited5 opinions

  1. People v. WeaverSupreme Court of the United States · 1880
  2. Pelton v. National BankSupreme Court of the United States · 1880
  3. Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
  4. Bigelow v. West Wisconsin Railway Co.Wisconsin Supreme Court · 1871
  5. Parcher v. Marathon CountyWisconsin Supreme Court · 1881

3Cited by17 opinions

  1. Johnson v. City of MilwaukeeWisconsin Supreme Court · 1894
  2. Hill v. City of Fond du LacWisconsin Supreme Court · 1882
  3. State ex rel. McCardy v. NelsonSupreme Court of Minnesota · 1889
  4. Wasson v. First National BankIndiana Supreme Court · 1886
  5. Strachan Shipping Co. v. Mayor of SavannahSupreme Court of Georgia · 1929

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