R. R. v. . Comrs.

HOKE, J., concurs in result; CLARK, C.J., dissenting. This is an action to recover the amount of a tax levy of five cents paid under protest.

The parties have agreed upon the following facts:

"1. That in the year 1918 the commissioners of Bladen County levied taxes for ordinary county purposes, which, with the State taxes, amounted to sixty-six and two-thirds cents on property of the value of $100, and in addition thereto levied a special tax of fifteen cents for schools, and in addition thereto, levied a tax of five cents, which last tax is the tax in controversy in this action.

"2. That the…