Supreme Court of the United States, 1911

Schallenberger v. First State Bank of Holstein

Supreme Court of the United States · Decided January 3, 1911 · Holmes

219 U.S. 114; 31 S. Ct. 189; 55 L. Ed. 117; 1911 U.S. LEXIS 1623 (United States Reports)

Counsel

Mr. Arthur F. Mullen, Attorney General of the State of Nebraska, Mr. Charles O. Whedon and Mr. I. L. Albert, with whom Mr. Grant G. Martin was on the brief, for appellants: 1, Mr. John Lee Webster, with whom Mr. William V. Allen was on the brief, for appellees:

Opinion

Mr. Justice Holmes

delivered the opinion of the court.

This is a suit by many banks to prevent the Banking Board of Nebraska from carrying out and enforcing an act similar to the Oklahoma statute just passed upon. It forbids banking except by a corporation formed under the act and provides for a guaranty fund. The Circuit Court held the statute unconstitutional and issued an injunction against the enforcement of it. 172 Fed. Rep. 999. For the reasons given in the foregoing case the decree of the Circuit Court'must be reversed.

Decree reversed.

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