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DARNELL v. INDIANA

No. 78.

226 U.S. 390 (1912)

33 S.Ct. 120

57 L.Ed. 267

DARNELL, EXECUTOR, v. STATE OF INDIANA.

Supreme Court of United States.

Decided December 23, 1912.

Attorney(s) appearing for the Case

Mr. Joseph F. Cowern, with whom Mr. Merrill Moores was on the brief, for plaintiffs in error:

Mr. Morton Sevier Hawkins, with whom Mr. Thomas M. Honan, Attorney General of Indiana, Mr. James E. McCullough, Mr. Edward B. Raub and Mr. Martin M. Hugg were on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is an action brought by the State of Indiana for taxes on stock of a Tennessee corporation owned by the principal defendant. The Indiana statutes purport to tax all shares in foreign corporations except national banks owned by inhabitants of the State, and all shares in domestic corporations when the property of such corporations is not exempt or is not taxable to...

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