State v. Southeastern Metals Co.

LIVINGSTON, Justice.

This is an appeal by the State from a decree of the Circuit Court, in Equity, of Morgan County overruling a demurrer to the original bill of complaint filed by appellee in pursuance of an appeal from a final assessment made by the State Department of Revenue against the shares of capital stock of appellee corporation. In substance the bill shows that: On December 22, 1947, the Southeastern Metals Company, Inc., a domestic corporation, filed with the tax assessor and with the State Department of Revenue its tax return for assessment of shares of domestic corporation. To…