Kansas City M. & B. R. R. v. Stiles
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by the Kansas City, Memphis & Birmingham Railroad Company against James P. Stiles to recover franchise tax. From a judgment for defendant, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by the Kansas City, Memphis & Birmingham Railroad Company against James P. Stiles to recover franchise tax. From a judgment for defendant, plaintiff appeals. The complaint shows that plaintiff is a consolidated corporation organized under the laws of Alabama, and also under the laws of Mississippi and Tennessee; its original constituents being separate corporations owning and operating railroad lines in each of the three above-named states, respectively. The total paid-np stock of the Alabama corporation is $5,976,000,…
1Opinion of the CourtSomerville, J.
The complaint shows that the plaintiff corporation is one organized under the laws of Alabama, and doing business herein. By the specific language of section 12 of the Revenue Act, an annual franchise tax básed upon the amount of paid-up capital stock is exacted of “all corporations organized under the laws of this state.” On the other hand, the franchise tax exacted of “all corporations organized under the laws of any other state, nation or territory, and doing business in this state,” is based upon the “actual amount of capital employed in this state.”
*141Plaintiff’s contentions are (1) that…
2Cases cited10 opinions
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Western Union Telegraph Co. v. Kansas Ex Rel. ColemanSupreme Court of the United States · 1910
- Galveston, Harrisburg & San Antonio Railway Co. v. TexasSupreme Court of the United States · 1908
- Southern Railway Co. v. GreeneSupreme Court of the United States · 1910
- Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Randle v. Winona Coal Co.Supreme Court of Alabama · 1921
- State v. BradleySupreme Court of Alabama · 1922
- State v. Southern Natural Gas CorporationSupreme Court of Alabama · 1936
- State v. Anglo-Chilean Nitrate Sales CorporationSupreme Court of Alabama · 1932
- State v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1918
8 more not listed; retrieve them via the Exa API.