Danville Banking & Trust Co. v. Parks

Citations

• 88 Ill. 170

Syllabus

<p>!• Injunction—when orden- for,' is same as the writ. Where the defendant in a bill is present when an order for a writ of injunction is granted, and has full notice thereof, he is bound to observe it the same as if the writ were issued, or be in contempt; and on dismissal of the bill, thereby removing the restraining order, damages may be properly assessed.</p> <p>2. Removal or cause—to United States cowl. The fact that a non-resident complainant, as a stockholder of a banking corporation suing, is not allowed to transfer the cause to the United States court, can only be assigned for error by him, and when he does not unite in the appeal the corporation can not be heard to complain of the refusal to transfer the cause.</p> <p>3. Same—lime for making application. An application by a non-resident party to remove the cause to the-United States court, must be made at or before the term at which the cause could be first tried. Where the cause was set for hearing, by agreement, at the February term, and could then have been tried, and the application was made at the August term, after a demurrer was put in to the bill, and the bond filed in September following, the application was properly refused.</p> <p>4. Taxation—property of banking corporations. The tangible property of a corporation and the shares of stock, are separate and distinct kinds of property under different ownership, and are both liable to taxation under the provisions of the Revenue law.</p> <p>5. The taxation of the tangible property of a corporation, and the shares of stock thereof, is not double taxation, or unconstitutional. The property, though of different ownership, must be taxed by the municipalities from which such corporations derive their powers and franchises.</p> <p>6. Same—taxing shares of stockholders may be at the place where corporation does business. Although, at common law, personal property, as a general rule, has no situs of its own, but follows the person of the/ owner, the -rule