Citations
- 67 Tex. 578
Full opinion text
Willie, Chiee Justice.
The appellant sued out an injunction restraining the appellee, as tax collector of Galveston county, from selling certain of their real estate in satisfaction of taxes claimed to be due to the State of Texas and to the county of Galveston, upon their shares of stock in the First Rational Bank of Galveston. Upon final hearing, the court below dissolved the injunction and dismissed the bill; and, further, upon a plea in reconvention of the appellee, containing a prayer to that effect, adjudged that the appellee, in his official character of tax collector, and for the benefit of the said State and county, recover the amount of taxes due them, respectively from each of the defendants, the collection of which this suit was brought to restrain, together with interest and costs of suit.
From that judgment this appeal was taken.
The appellants insist that the tax levied upon their shares in said national bank is illegal, and in support of their objections to the tax present the following issues:
“i. The State of Texas has not prescribed any system for • the assessment of shares of stock in national banking associations, as by the Acts of Congress it is required to do as a condition precedent to the right of the State to tax said shares, and the system of assessment in force in this State is not in conformity with the conditions imposed by the Acts of Congress.
“3. Ro valid assessment against plaintiffs, upon the shares of stock owned by them, has been made by the assessor of Galveston county.
“3. Plaintiffs’ shares of stock are, under the laws of this State, taxed at a greater rate than is other moneyed-capital in the hands of individual citizens of this State, and that the taxes sought to be collected of appellants are levied and assessed in violation of the Act of Congress by which the State is permitted to tax such shares.”
Under the first of these issues, they make these propositions: