Legal Opinion

Lyman v. First National Bank

Court of Appeals of Kansas

Decided July 16, 1897No. 251PublishedCited by 1 opinion

Error from Nemaha District Court. Hon. J. F. Thompson, Judge.

1Opinion of the CourtMahan, P. J.

This action was brought by the Bank against the Sheriff and his bondsmen to recover money that the Sheriff had collected from the Bank on a tax warrant. The contention of the Bank was and is, that there is no law of the State of Kansas requiring the Bank to pay taxes on the stock of its *75shareholders; that where our statute says “shall” pay the taxes of the shareholders, the legislature meant “may”; and that there was no warrant in law for the treasurer issuing any warrant to collect the tax.

The Bank was given judgment for the amount of the tax and interest, and the Sheriff appeals. The only…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. National Bank v. CommonwealthSupreme Court of the United States · 1870

3Cited by1 opinion

  1. First National Bank v. LymanSupreme Court of Kansas · 1898

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