National Bank of Unionville v. Staats

• Decision Date: 13 March 1900
• Parties: NATIONAL BANK OF UNIONVILLE v. STAATS, Collector.
• Court: Missouri Supreme Court

55 S.W. 626

155 Mo. 55

NATIONAL BANK OF UNIONVILLE v. STAATS, Collector.

Supreme Court of Missouri.

March 13, 1900.

EQUITY — JURISDICTION — REMEDY — ILLEGAL TAXATION.

Rev. St. 1889, §§ 7520, 7572, providing that one feeling himself aggrieved by an assessment may appeal from the assessor to the county board of equalization, give a remedy at law for such grievance, and an action will not lie in equity to enjoin the collection of the taxes; and it is immaterial that the assessment complained of violates the federal statutes forbidding a discrimination between a tax on national bank shares and a tax on moneyed capital in the hands of citizens.

Appeal from circuit court, Putnam county; Andrew Ellison, Judge.

Bill by the National Bank of Unionville against E. C. Staats, collector of Union township, to enjoin the collection of taxes. From a decree in plaintiff's favor, defendant appeals. Reversed.

Lee T. Robison and S. P. Huston, for appellant. Marshall & Franklin Bros. and A. W. Mullins, for respondent.

SHERWOOD, J.

This case presents these features: The shares of stock of the stockholders of a national bank, and the surplus thereof, were assessed by the assessor at the full face value, of 100 cents on the dollar. Assertion is made that this rate was higher than that assessed against other real and personal property in the township or in the county; that the general average valuation for assessment did not exceed from 30 to 40 cents on the dollar. The plaintiff, it is alleged, appeared before the county board of equalization and obtained a reduction of $600 on the $600,000 valuation. Having paid to the collector 60 per cent. of the taxes assessed against it, plaintiff applied for and obtained a temporary injunction as to the payment of the residue, which injunction on final hearing was made perpetual.

Our statute makes provision whereby any one who regards himself as excessively assessed may appeal from the assessor to the county board of equalization. Sections 7520, 7572, Rev. St. 1889. Section 7658 also provides for granting an appeal to the supreme court in any case arising under any of the provisions of chapter 138, which is the chapter relating to revenue. Inasmuch as there is no provision made in that chapter for appeals to be taken from the county board of equalization to the circuit or other court, it is difficult to see what benefit section 7658 confers on any complaining taxpayer. But, however that may be, sections 7572 and 7520 afford...