His wit, humor and caring spirit will be missed by so many.Wallace was preceded in death by his parents; first wife Sally; son Mark Clayton Kirby; and sister, Anita Catherine Kirby Morgan. The plaintiff railroads are corporations of other states with lines extending into North Dakota.

Disclaimer: By using this website, you accept the Spokeo Terms of Use. Virginia Beach VA, Newport News VA, Portsmouth VA, Fort Gibson OK, Ottawa KS, Crescent OK, Pawnee OK, Kathy Hines, Debra Hines, Inez Hines, Todd Hines, Lawrence Hines, Karen Hines, Kevin Hines, Johnnie Hines, Gregory Hines, Yvonne Hines, Karen Hines, Maurice Hines, Shamika Hines, Glenda Hines, Wesley Hines, Clyde Hines, Marybelle Hines, Machel Hines, Michelle Hines, Diane Hines, Savannah Hines, Angela Hines, Helen Hines, Savanah Hines, Hines Wallace, Hines Hines, Sharlette Hines, Tabatha Hines, Delma Hines, Jameshia Hines, Tabatha Hines, Jameshia Hines, Niesha Hines, Jr Hines, Rebecca Hines, Dustin Hines, Lisa Hines, Debra Hines, David Hines, Carol C Wallace, Carol C Hineswallace, Carol Cwallace, Carol Hines-Wallace, Tinnis Hines, Marcus Hines, Barbara Hines, Wendell Hines, Georgia Hines, James Hines, Edward Hines, Mickey Hines, Susie Hines. U.S. Supreme Court Wallace v. Hines, 253 U.S. 66 (1920) Wallace v. Hines. Nothing could be more remote from an actual contract than the wrongful extortion of money by threats, and we ought not to leave the plaintiffs to a speculation upon what the state court might say if an action at law were brought. North Dakota law of March 7, 1919, c. 222, as administered, held an unwarrantable interference with interstate commerce and a taking of property without due process of law. Co. v. Arkansas, 235 U. S. 350, 235 U. S. 364. They served churches in Fremont, Wallace, Dunn, Fayetteville, Raleigh and Durham.Following Sally’s death in 1987 Wallace moved to Louisburg in 1990 and there met and married Dixie Anderson in 1991. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. Find current home address, cell phone numbers, email addresses and known relatives. Decided May 3, 1920. Wallace Hines Kirby died in Asheville on Sept. 12, 2020 at home surrounded by his family.

As the law is administered, the tax commissioner fixes the value of the total property of each railroad by the total value of its stocks and bonds, and assesses the proportion of this value that the main track mileage in North Dakota bears to the main track of the whole line. 43 records for Wallace Hines. state the same as against a private person." * It will be seen that it. Tuesday economic development panel to help steer land-use plan, City establishes relief program for water accounts, Last week was highest in county COVID-19 growth, Find all your Covid-19 news and updates here, Please log in to comment by clicking here, Powered by Creative Circle Media Solutions. Spokeo is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). He then received the call to Christian ministry and attended Duke University Divinity School. As we are dealing only with a preliminary injunction, we confine our consideration to a general view of the mode actually followed, and upon that we are of opinion that the decree should be affirmed. Argued April 21, 1920. He retired from the United Methodist Church in 1992. P. 253 U. S. 69. In this case, it is alleged, the tax commissioner's valuation included items of the kind described to very large amounts. North Dakota is a state of plains, very different from the other states, and the cost of the roads there was much less than it was in mountainous regions that the roads had to traverse. Its markets are outside its boundaries, and most of the distributing centers from which it purchases also are outside. The records below may not pertain to the individual that you're looking for, and may or may not pertain to the same charge. In the absence of an adequate remedy at law plainly allowed against the state, equity has jurisdiction to restrain state officials from enforcing an illegal tax, the effect of which, if not paid, would be to cloud plaintiff's title and subject him to pecuniary penalties. He worked for the City of Roxboro with his father, Teague, at the Kirby Theater after graduation. 33% are in their 60s, while the average age is 68. He served in the United States Navy during World War II and graduated from The University of North Carolina at Chapel Hill in 1950 with a degree in business. We found public records for Wallace Hines. No property of such an interstate railroad situate beyond the state can be taken into account in taxation unless it can be seen in some plain, intelligible way that it adds to the value of the road and of the rights exercised within the taxing state. Spokeo is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA). Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. possession of bonds secured by mortgage of lands in other states, or of a land-grant in another state, or of other property that adds to the riches of the corporation but does not affect the North Dakota part of the road is no sufficient ground for the increase of the tax, whatever it may be -- whether a tax on property or, as here, an excise upon doing business in the state. 140458557, citing Conyers Cemetery, Decatur County, Georgia, USA ; Maintained by Keith Balon (contributor 47588835) . The third result is Wallace W Hines age 60s in Leslie, GA. Wallace is related to Pam J Farr and Hal Ansel Hines as well as 1 additional person. Filter by age or state to narrow … The method of taxing an interstate railroad company by assessing the value of its property within the state at that proportion of the total value of its stocks and bonds that the main track mileage within the state bears to the main track mileage of the entire line is indefensible when it is shown that the cost of construction per mile was much less within than without the taxing state, and that the large and valuable terminals are elsewhere. Find Wallace Hines's phone number, address, and email on Spokeo, the leading online directory for contact information. After a period of declining health, Wallace moved home with his family until his death.Wallace loved vacationing at Lake Junaluska, making “rock critters”, baking bread, reading, writing and Duke University. Wallace was born to Teague and Hattie Kirby and raised in Roxboro. Held that the law of North Dakota permitting actions respecting title to property or arising upon contract to be brought against the state as against a private person does not clearly allow such an adequate remedy, since an action to recover money wrongfully extorted is a case in contract only in an artificial sense. The only ground for supposing that there is such a remedy is a provision that "an action respecting the title to property, or arising upon contract may be brought in the district court against the. As the tax is made a first lien upon all the property of the plaintiff railroads in the state, and thus puts a cloud upon their title, and as delay in payment is visited with considerable penalties, there is jurisdiction in equity unless there is an adequate remedy at law against the state, to which the tax is to be paid. It naturally follows that the great and very valuable terminals of the roads are in other states. Wallace maintained a deep love for the Church and a belief in its resilience. P. 253 U. S. 67. Id. Union Pacific R. Co. v. Weld County, 247 U. S. 282. The defendants are the State Tax Commissioner, the State Treasurer, the State Auditor, the Attorney General and the Secretary of State for North Dakota. Id. Wallace and Dixie moved to Roxboro in 1996, and in 2006 moved to Asheville where they enjoyed many good years at Givens Estates.

The Attorney General of the state, in his very candid argument, suggested that, if the mode adopted by the tax commissioner were open to objections, the statute might be construed to give him an election as to the method of distribution, and that he should take gross earnings, or, if more easily ascertainable, the property or mileage basis of distribution.

The amount of such annual tax shall in all cases be computed on the basis of the average amount of capital so invested during the preceding calendar year, provided that, for the purpose of this tax, an exemption of $10,000.00 from the amount of capital invested in the state shall be allowed; provided further that this exemption shall be allowed only if such corporation, joint-stock company, or association furnish to the Tax Commissioner all the information necessary to its computation.". He served in the United States Navy during World War II and graduated from The University of North Carolina at Chapel Hill in 1950 with a … Find a Grave, database and images (https://www.findagrave.com: accessed ), memorial page for Wallace Hines, Sr (9 Mar 1914–24 Apr 2001), Find a Grave Memorial no. We quote the tax law in full. APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES.

Compiled Laws, N.D. 1913, § 8175. Shaffer v. Carter, 252 U. S. 37; Gaar, Scott & Co. v. Shannon, 223 U. S. 468, 223 U. S. 472. Select this result to view Wallace W Hines… St. Louis Southwestern Ry. It is there that he met the love of his life, Sally Ann Broome. He is survived by Dixie Kirby (second wife), and children Ann Kirby (George), John Kirby (Shelia), Lem Kirby (Laura), Lisa Kirby and his grandchildren Greyson, Stewart, Chapman, Emerson, Paul, Mark and Wallace. The purpose is not to expose the heel of the system to a mortal dart -- not, in other words, to open to taxation what is not within the state. Wallace graduated from Duke in 1954, was ordained in the United Methodist Church, married Sally and together they started a family and ministry together. This is an appeal from an order of three judges restraining the defendants, the appellants, from taking steps to enforce taxes imposed by an act of North Dakota, approved March 7, 1919, (c. 222) until the further order of the court. Do not use this site to make decisions about employment, tenant screening, or any purpose covered by the FCRA. Hence, the. Therefore no property of such an interstate road situated elsewhere can be taken into account unless it can be seen in some plain and fairly intelligible way that it adds to the value of the road and the rights exercised in the state. The only reason for allowing a state to look beyond its borders when it taxes the property of foreign corporations is that it may get the true value of the things within it, when they are part of an organic system of wide extent, that gives them a value above what they otherwise would possess.

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