State Ex Rel. Smith v. Elba Bank & Trust Co.
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the State of Alabama, on the relation of J. Q. Smith, its Attorney General, against the Elba Bank & Trust Company, to recover the corporation tax for certain years. Judgment for the defendant, on demurrer, and the plaintiff appeals.
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Appeal from Circuit Court, Montgomery County; Leon McCord, Judge. Action by the State of Alabama, on the relation of J. Q. Smith, its Attorney General, against the Elba Bank & Trust Company, to recover the corporation tax for certain years. Judgment for the defendant, on demurrer, and the plaintiff appeals. The acts of the Legislature (Acts 1911, p. 170, and Acts 1915, p. 397) are void and unconstitutional, in so far as the attempts to exempt banks from the payment of franchise. Sections 229 and 232; Const. 1901; 37 Cyc. 887; 113 Ga. 883, 39 S. E. 394, 54 L. R. A. 807; 17 Utah, 166, 53 Pac.…
1Opinion of the Court
The part of section 229 of the Constitution of Alabama, relating to a franchise tax on domestic corporations, reads as follows:
"The Legislature shall, by general law, provide for the payment to the state of Alabama of a franchise tax by corporations organized under the laws of this state, which shall be in proportion to the amount of capital stock; but strictly benevolent, educational, or religious corporations shall not be required to pay such a tax."
The revenue act of 1911 (Acts of 1911, page 170), in so far as it relates to a franchise tax on domestic corporations, reads as follows:
"All…
2Cases cited8 opinions
- Ex parte CowertSupreme Court of Alabama · 1890
- State v. Birmingham So. Ry. Co.Supreme Court of Alabama · 1913
- State ex rel. Robertson v. McGoughSupreme Court of Alabama · 1897
- State ex. rel. Richards v. ArmstrongUtah Supreme Court · 1898
- Anniston City Land Co. v. StateSupreme Court of Alabama · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Penn Mut. Life Ins. Co. v. StateSupreme Court of Alabama · 1931
- State v. BradleySupreme Court of Alabama · 1922
- State v. Alabama Educational FoundationSupreme Court of Alabama · 1935
- State v. ClarkSupreme Court of Louisiana · 1937
- State v. Guaranty Savings Building & Loan Ass'nSupreme Court of Alabama · 1932
6 more not listed; retrieve them via the Exa API.