In contravention to the hold of McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819), which confirmed Congress’s strength to incorporate a nationwide bank and also prohibited the says from taxing it, Ohio imposed a levying on the financial institution of the United claims (Bank) (plaintiff). The financial institution commenced an activity in a federal circuit court for a temporary injunction against the tax’s collection by Ohio’s state auditor (defendant). The injunction was granted, yet the auditor disregarded it, taking $120,475 native the financial institution by force. The circuit court bespeak Ohio public representative (defendants) to return the money. They appealed come the United says Supreme Court top top the grounds that the federal court short subject-matter jurisdiction.
You are watching: Osborn v.bank of the united states
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