Merchants’ Nat’l Bank v. Richmond, 256 U.S. 635 (1921)

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Merchants’ National Bank of Richmond, Virginia v. City of Richmond


No. 240


Argued March 21, 1921
Decided June 6, 1921
256 U.S. 635

ERROR TO THE SUPREME COURT OF APPEALS
OF THE STATE OF VIRGINIA

Syllabus

1. A judgment of a state supreme court sustaining a state statute and a city ordinance imposing taxes over the objection that, as construed and applied, they are repugnant to a law of the United States is reviewable here by writ of error. P. 637.

2. Where the state court omits to find the facts relevant to a question of federal law, it is the duty of this Court to examine the evidence on the subject. P. 638.

3. In the provision of Rev.Stats., § 5219, respecting state taxation of shares of national banks, that it "shall not be at a greater rate than is assessed upon other moneyed capital in the hands of individual citizen of such state," the words "moneyed capital in the hands of individual citizens " include bonds, notes, and other evidences of indebtedness in the hands of individuals which are shown to come materially into competition with the national banks in the loan market. P. 638.

124 Va. 522 reversed; application for writ of certiorari denied.

The case is stated in the opinion.