Miller v. Heilbron

Citations

• 58 Cal. 133

Syllabus

<p>Taxation or National Bank Shares—Constiutional Law—Submission oe Controversy- without Action.—The plaintiff was owner of certain shares of capital stock of a National Bank upon which a tax for the year 1880 had been assessed, and an agreed case was submitted in the lower Court by her and the defendant, who was Tax Collector (under § 1138, Code Civ. Proc.), in which the question in effect was whether the assessment was valid. ,</p> <p>JETcM: The provision of § 3640 of the Political Code, as amended March 22d, 1880 (under which the assessment was made), so far as it applied to National Banks, was in violation of the restriction imposed by § 5219 of the Revised Statutes of the United States, forbidding the taxation of such shares at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of the State; and the assessment was therefore void.</p>