Page:Federal Reporter, 1st Series, Volume 6.djvu/749

 FIRST NAT. BANK OP TOUNGSTOWN V. HUGHES. ���First Naiional Bank ot* Youngstown v. Hughes and �another. �{OircuU Cpvrt, N. D. Oftio. , ISSU) �1. National Banks— Taxation or Deposits— Disolobubb ot Dxpos- �ITOBS. �A national bank may be compelled to disclose the names of its depositors, and the amounts of tbeir deposits under the compul- sory process of a state court In order to ascertain whetber anr money deposited therein, subject to taxation withln the county, bas not been duly returned for that purpose by thie owners. �2. Saub; — Injxjnction. �A federal court cannot, In sadb. case, stay the proceedlngs in the state court by writ of injunction.—[E!d. �In Equity. Demurrer and Motion to Dissolve Injunction. �Sianey Strong, . A. W. Jones, and T. W. Sanderson, of Youngstown, Ohio, for complainant. �Mcmroe W. Johnson, of Youngstown, and W. C. McFarland, of Cleveland, for defendants. �Baxter, C. J. The complainant is a national bank, organ- ized under the act of congress, and has its place of business in Youngstown, Mahoning county, Ohio, It complains of James B. Hughes, auditor, and Monroe W. Johnson, prose- cuting attorney, of said county, and charges that previous to and on the second Monday of April, 1880, it was, and has ever since been, engaged in the business of banking, iauthor- ized by lat/, and that it then had and has continued to have not less than $400,000 of deposits, which it employed in its busi- ness, and from which it derived profit. Protesting that "it is not subject to any visitorial powers other than fluch as are authorized by said act of congress or vested in the courts of the- country," it proceeds to complain "that the said James B. Hughes, auditor of Mahoning county, pretending to act by authority of section 2782, Eevised Statutes of Ohio, did, on or about the twenty-second day of June, 1880, issue and cause to be served upon William H. Baldwin, the cashier of your orator, a written order commanding the said Baldwin, as such cashier, to appear before said auditor on the twenty- �v.6,no.8— 47 ��� �