Page:Federal Reporter, 1st Series, Volume 5.djvu/260

 248 ���FBDBBAL BEPOBTEK. ���Person v. Davey, 1 Murph. 115; Lester v, Zachary, 1 Caro- lina Law Eeports, 60; Wellhom v. Younger, 3 Hawks. 205, �These North Carolina casea would forbid the setting aside this nonsuit; but, as it is clear that a new suit could be brought in this case, no injury can resuit to the defendant by re-instating this one, which is obviously a suit of merit on the part of the plaintiff. It seems to me this is a controlling consideration in the case. The court will, at least in Ten- nessee, lend a ready ear to applications of this character, if the suit of the plaintiff be meritorious; but will not consider them favorably if it appear that there is no merit in the plaintiff's case. �The defendant, underthe circumstances, should be allowed to reform his pleadings, if he shall be so advised. The plain- tiff will pay ail the costs of the suit, and, upon their pay- mem, let tho nonsuit be set asido. �Motion granted. ���NATioN^ft AivBANY ExcHANGB Bank V. HiLLS and others. �(Cirouit Court, 2f. D. New York. November, 1880.) �1. Bhaees of National Banes — State Taxation — Statutb of New YoHK— Rev. St. i 5219. — An act of the legislature of the state of New York, paased April 23, 1866, provided in substance that a bank share- holder, who had been assessed upon the value of his shares, was not entitled to any deduction on account of his debts, although the ger- erai laws of the state provided that in the assessment of Personal prop- erty a deduction should be made for the debts owing by the person so assessed. Held, that such provision of the act of 1866, so far as it related to the shares of a national banking association, violatftd the restriction contained in section 5219 of the Revised Statutes, which provided that the taxation of euch shares should not be at a greater rate than was assessed upon other moneyed capital in the hands of individual citizens of the state. �Dolan V. People, 36 N. Y. 59. �People y. Weamr, 100 U. S. 539 �2 Same— Samb. — The New York court of appeals havîng determined (Dolan V. People, 36 N. Y. 59) that the act of 1866 established a system of taxation for bank shares " peculiar to itself and independent of the ����