Ware Lodge No. 435, Ancient Free & Accepted Masons v. Harper

THOMAS, Justice.

The action was on the common counts by the Ware Lodge of Masons against the tax collector for taxes paid, under protest.

The complaint in one count was in assumpsit for money, had and received.

The plea was in short by consent. The cause was submitted to the court without a Jury and upon an agreed statement of, facts “and certain stipulations.”

The stipulations referred to are as follows:

“That the issues in this proceeding are properly joined by the plaintiff’s single count in general assumpsit for money had and received, and the defendant’s plea of the general issue in short by…