77 Neb. 807 | Neb. | 1906
On April 1,1904, appellee was a depositor to the amount of $1,000 in the First National Bank of Fullerton, in this staté. He was also at the same time a debtor of the
The first clause of section 28, art. I, ch. 77, Comp. St. 1908, requires of every person of full age and sound mind, being a resident of this state, that he shall list all his moneys for taxation, and section 4 of the same act enacts that “the word ‘money’ includes all kinds of coin, all kinds of paper issued by or under authority of the United States circulating as money whether in possession or deposited in bank or elsewhere.” Money so deposited is expressly discriminated from a “credit,” which is defined by section 5 to include “every demand for money, labor or other valuable thing, whether due or to become due.” The first said clause of section 28 also expressly requires the listing specifically of all “moneys loaned or invested,” and this court held in Lancaster County v. McDonald, 73 Neb. 453, that this latter mentioned requirement must be complied with, although the taxpayer may be indebted beyond the amount of such loans and investments. It seems to us quite clear, and it is also in harmony with the decision cited, that the legislature intended to require the listing of moneys in possession and on deposit, regardless of the indebtedness of the depositor.
We do not understand, indeed, that this proposition is controverted by counsel for the appellee, hut he seeks to evade its force in the present instance by contending that, as this court has repeatedly held, one having a general deposit in a bank is a creditor of the bank, so he falls within the exception imported into the statute by construction in Lancaster County v. McDonald, supra, and that therefore the word “deposit,” as used in section 4 of the statute,
By the Court: For the reasons stated in the foregoing opinion, it is ordered that the judgment of the district court be reversed and the cause remanded for further proceedings according to law.
Reversed,