The Winfield Bank v. Nipp

• Decision Date: 01 July 1892
• Citation: The Winfield Bank v. Nipp, 28 P. 1015, 47 Kan. 744 (Kan. 1892)
• Parties: THE WINFIELD BANK v. J. B. NIPP, as Treasurer of Cowley County, et al
• Court: Kansas Supreme Court

28 P. 1015

47 Kan. 744

THE WINFIELD BANK v. J. B. NIPP, as Treasurer of Cowley County, et al

Supreme Court of Kansas

July 1, 1892

Error from Cowley District Court.

ACTION by the Winfield Bank against Nipp, as treasurer, and McIntire, as sheriff of Cowley county, to enjoin the collection of certain taxes.Judgment for defendants, July 8 1889.The plaintiff Bank brings error.The opinion states the facts.

Judgment affirmed.

Peckham & Peckham, for plaintiff in error.

C. T Atkinson county attorney, for defendants in error.

HORTON C. J.All the Justices concurring.

OPINION

HORTON, C. J.:

The facts in the case are as follows: On the 1st day of March, 1884, and for a long time thereafter, the Winfield Bank was a corporation duly organized and existing under the laws of this state, having a capital stock of $ 50,000, divided into 500 shares of $ 100 each, which shares were issued and in the hands of various individual stockholders.On the 23d day of April, 1884, J. C. McMullen, who was then the president of the bank, furnished to the proper assessor of the city of Winfield a statement, verified by his oath, showing that the bank was the owner of stock in a company or corporation of the assessable value of $ 22,000.This statement was filed in the office of the county clerk by the assessor, and upon an equalization of the assessment, the value of stock was increased to $ 24,420.Upon this statement, taxes were levied in the sum of $ 1,030.47, and extended against the bank upon the personal property tax-rolls of the county for 1884.The taxes not being paid within the time prescribed by the statute, a warrant for their collection, with penalties and costs, was issued and placed in the hands of the sheriff.The sheriff was about to proceed to collect the same when restrained by a temporary injunction, granted at the instance of the Winfield Bank, which had commenced an action to perpetually enjoin the collection of the same.

On the 1st day of August, 1884, H. B. Schuler became the owner by purchase from J. C. McMullen and others of about four-fifths of the capital stock of the bank, and on the last-named day McMullen resigned his office as president of the bank and was succeeded in office by Schuler, who thereafter was the managing officer of the bank, at whose instance this action was brought.Upon the trial, the court below found in favor of the defendants, and rendered judgment for costs against the bank.Complaint is made of this...