R. R. v. . Cherokee County

WALKER, J., concurs in result; CLARK, C.J., dissenting. In the year 1915 the county of Cherokee levied and collected a tax of 2 2/3 cents in excess of 66 2/3 cents on property of the value of $100. The plaintiff paid this tax on its property under protest, and this action is brought to recover the amount so paid. The tax was not for schools, but was levied "for the purpose of taking up a note in bank made by the predecessor board and other current expenses" (88) under the authority of ch. 33, sec. 9, Laws of 1913, which is as follows:

"SEC. 9. That the board of commissioners of any county in…