#### Orlistus R. Baker, County Treasurer, etc. v. The First National Bank of Springfield.

Taxation of shares of national banks. The doctrine announced in the case of The First National Bank of Mendota v. Smith, 65 Ill. 44, in respect to taxation upon shares of stock in national hanks, is reaffirmed.

Appeal from the Circuit Court of Sangamon county; the Hon. John A. McClernand, Judge, presiding.

This was a bill in equity, by The First National Bank of Springfield, against Orlistus B. Baker, county treasurer and ex-officio collector of Sangamon county, to enjoin the collection of taxes assessed upon the shares of the capital stock of the bank. The court below decreed pro forma in accordance with the prayer of the bill, and the county treasurer appealed to this court.

*298Messrs. Hay, Greene & Littler, for the appellant.

Messrs. Eobinson, Knapp & Shutt, Mr. A. Orendorff, Mr. C. S. Zane, and Mr. Melville W. Fuller, for the appellee.

Mr. Justice McAllister

delivered the opinion of the Court:

This was a bill in equity to restrain the collection of taxes assessed upon shares of the capital stock in The First National Bank of Springfield. A decree pro forma was entered, overruling a demurrer to the bill. The defendant, abiding by his demurrer, brings the case to this court by appeal.

The question presented is the same as that decided in First National Bank of Mendota v. Smith, 65 Ill. 44, and is disposed of by the decision in that case.

The decree of the circuit court must be reversed and the bill dismissed.

Decree reversed.