National Bank v. Kimball
103 U.S. 732 (1880)

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U.S. Supreme Court

National Bank v. Kimball, 103 U.S. 732 (1880)

National Bank v. Kimball

103 U.S. 732

Syllabus

1. As a general rule, the owner of taxable property, who seeks to enjoin the collection of a tax thereon which he alleges to be in excess of what is lawful must first pay or tender so much thereof as is justly due.

2. A bill to restrain the collection of a state tax upon the shares of a national bank is bad on demurrer where it does not appear that there is any statutory discrimination against them or that they, under any rule established by the assessing officers, are rated higher in proportion to their actual value than other moneyed capital.

3. The bill in this case avers that the same percentage is assessed on such shares as on other property, and that they are rated at about one-half their actual value. No case for relief is made by averring that the assessments are unequal and partial, and some other property is rated for taxable purposes at less than one-half of its cash value.

The facts, are stated in the opinion of the Court.

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