Rufus Wheeler Peckham

“ The further ground of jurisdiction in equity, that it prevents a multiplicity of suits, cannot be sustained.
The remedy provided by the state of Indiana is in truth but one proceeding, and all the complainant had to do in order to avail itself of such remedy was to appear before the board of review when the assessment was first made and object to it, and, if its objections were overruled, then to appeal to the state board, and, if that board also overruled the objection, then to pay the tax. ”

“ The foundation of this appeal to equity, as averred by complainant, was (1) on the ground that the assessment constitutes a cloud upon title; (2) that there is no adequate remedy at law; (3) that a multiplicity of suits is avoided; and (4) that it prevents irreparable injury to complainant. ”

“ There is no other treasurer of the city of Indianapolis, and the money for that city collected by tax remains in the hands of the county treasurer of the county of Marion until it is expended; the county treasurer thus retaining all taxes in his hands belonging both to the county of Marion and the city of Indianapolis until those taxes are properly expended. ”

“ It is the ordinary case of an assessment upon the value of the capital stock of a corporation and its franchises. Our attention has not been called to any statute which makes the assessment upon the shares a lien upon the real estate of a corporation, and if it were such lien, there is no averment that the company owned any real estate ”