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Citizens' Bank Vs. Parker
Cites for this judgment
- US Supreme Court
- Jan 04, 1904
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U.S. 73 (1904) U.S. Supreme Court Citizens' Bank v. ParkerSearch
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U.S. 73 (1904) Citizens' Bank v. ParkerSearch
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pleaded as res judicata and introduced in evidence, one of which was the decree of this Court in New Orleans v. Citizens'Search
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is therefore denied. 2. The question presented on the merits has been simplified by the case of New Orleans v. Citizens'Search
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therefore, of the right of exemption of the bank from a tax on its capital. The ruling in New Orleans v. Citizens'Search
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Bank has been followed by the Supreme Court of Louisiana. In Penrose v. ChaffraixSearch
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Both these contentions were passed upon and negatived in New Orleans v. Citizens'Search
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It is true that, in a subsequent case, State v. AmericanSearch
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Sugar Refining Co., 108 La. 603, New Orleans v. Citizens'Search
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not a right claimed under the Constitution of the United States, and there was no intimation of disapproval of Penrose v. ChaffraixSearch
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But if it can be contended that there is conflict between the state cases, New Orleans v. Citizens'Search
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Bank is nevertheless decisive of the questions adjudged by it. Deposit Bank v. FrankfortSearch
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the distinction was certainly not always considered as justifying a power to impose license taxes. In New Orleans v. SouthernSearch
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was illegal. The same question was presented again in State v. SouthernSearch
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La.Ann. 271, upon a license tax imposed by the revenue laws of 1889. The court was urged to overrule New Orleans v. SouthernSearch
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charter. As we have already pointed out, the language of the charter is universal, and it was said in Citizens' Bank v. BounySearch
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of tax could not be put upon the bank, however it could be imposed upon the stockholders. We may recur to Penrose v. ChaffraixSearch
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of the bank's charter which we have quoted. This was one of the questions left open by this Court in New Orleans v. CitizensSearch
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charter, and the application thereto of the constitutions of 1868 and 1879. This was the thing adjudged in New Orleans v. Citizens'Search
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of the contract and the fact of impairment, will lean to the views announced by the courts of that state. In Wilson v. StandeferSearch
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by construction, but will be confined to that which is clearly within the terms of the contract. Charles River Bridge v. WarrenSearch
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Ohio Insurance Co. v. DeboltSearch
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Railroad Co. v. LitchfieldSearch
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Railway Co. v. LoftinSearch
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Railroad Co. v. ThomasSearch
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Railroad Co. v. AlsbrookSearch
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Railroad Co. v. DecaturSearch
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Schurz v. CookSearch
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Insurance Co. v. TennesseeSearch
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be made out wholly beyond doubt, for, as stated by MR. JUSTICE HARLAN in Chicago, Burlington & Kansas City Railroad v. GuffeySearch
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Only last term, the same doctrine was reaffirmed in Chicago Theological Seminary v. IllinoisSearch
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and governed by rules and principles entirely different from those which bear upon property taxation. New Orleans v. LouisianaSearch
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Walters v. DukeSearch
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Morehouse v. BrighamSearch
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Articles 203, 206, 207, and 209 of the constitution of 1879 also disclose this very fully and clearly. See New Orleans v. ErnstSearch
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La.Ann. 746, and State ex Rel. Ernst v. AssessorsSearch
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classifying the banks and establishing a graduation of licenses, as required by article 206 of the constitution. State v. LiverpoolSearch
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This court, in New Orleans v. StateSearch
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in its charter, and a license tax for the privilege of doing business is simply a tax upon the franchise. In Gordon v. AppealSearch
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In Hamilton Co. v. MassachusettsSearch
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In Farrington v. TennesseeSearch
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In Tennessee v. WhitworthSearch
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Both of these last cases were cited with approval in Bank of Commerce v. TennesseeSearch
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railroads was exempt from state taxation, yet the property belonging to those corporations was not. California v. PacificSearch
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Thomson v. PacificSearch
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capital stock of a bank from taxation, except at a particular rate, exempted the bank from a license tax. New Orleans v. SouthernSearch
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U.S. Supreme Court Citizens' Bank v. ParkerSearch
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