Legal Opinion

Van Slyke v. State

Wisconsin Supreme Court

Decided February 15, 1869PublishedCited by 5 opinions

On the 23d of May, 1867, Van Slyhe filed in this court his complaint, which alleges in substance the following-facts: On the 1st of May, 1865, at, etc., the First National Bank of Madison was a banking corporation duly organized and existing under the several acts-of congress concerning national banks, with a capital stock of $50,000, divided into 500 shares of $100 each, then and still owned in certain specified amounts by the several persons named in tbe complaint, of whom…

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On the 23d of May, 1867, Van Slyhe filed in this court his complaint, which alleges in substance the following-facts: On the 1st of May, 1865, at, etc., the First National Bank of Madison was a banking corporation duly organized and existing under the several acts-of congress concerning national banks, with a capital stock of $50,000, divided into 500 shares of $100 each, then and still owned in certain specified amounts by the several persons named in tbe complaint, of whom the plaintiff is one. Van Slyke then was and'continues to be president of said bank, etc., which then was and still…

1Opinion of the CourtDixoN, C. J.

The first question to be considered is, whether the 41st section of the national banking act, authorizing taxation by the states of shares in the national banks, requires that the tax imposed by the state upon the state banks shall be, eo nomine, a tax upon the shares of those banks. Taxation by state authority of national banks must be upon the shares, because the law of congress so expressly provides. Must the tax imposed by the state upon the state banks be also upon the shares in those banks, before the state can lawfully exercise the power conferred by congress to tax the shares in the…

2Cases cited2 opinions

  1. New York Ex Rel. Bank of Commerce v. Commissioners of TaxesSupreme Court of the United States · 1863
  2. Smith v. WebbSupreme Court of Minnesota · 1866

3Cited by5 opinions

  1. Morse v. Home Insurance Co. of New York CityWisconsin Supreme Court · 1872
  2. Simmons v. AldrichWisconsin Supreme Court · 1876
  3. Bagnall v. StateWisconsin Supreme Court · 1869
  4. Exchange National Bank v. MillerUnited States Circuit Court · 1884
  5. Cleveland Trust Co. v. LanderOhio Supreme Court · 1900

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