City of Montpelier v. Gates

This is a petition for a writ of mandamus to compel the fiscal officers of the State to pay to the petitioner and certain interveners their respective claims under section 48, part I, of the Income and Franchise Tax Act of 1931, Acts 1931, No. 17, part I, § 48. The petition is answered and demurred to. In view of the importance of the case to the State and its officers, and the facts being conceded, the demurrer will be construed as a motion, Clement v. Graham, 78 Vt. 290, 306, 63 Atl. 146, Ann. Cas. 1913E, 1208, and the merits of the controversy disposed of without regard to the technical…