Schaff v. Rea

Opinion by

RUTH, C.

Originally two actions were filed in the district court of Lincoln county by the plaintiff in error against the defendant in error. The petition in each case contained two counts, and as the legal question involved in the first count contained in the petitions had been determined by this court in another action, judgment was entered for the plaintiff, and the causes v ere consolidated by the court, and this cause comes on to be reviewed upon the second count of the petitions.

Plaintiff alleges in his second cause of acción that the tax levy of Lincoln County, included in said…