Chicago, Burlington & Quincy Railroad v. County of Lincoln

Barnes, C.

The plaintiff commenced this action in the district court for Lincoln county to recover of the defendant certain illegal taxes which it had theretofore paid defendant under protest. The petition contained two canses of action. A general demurrer was filed to the second cause of action, *229and was sustained. The plaintiff duly excepted thereto, elected to stand upon its petition, refused to further plead, and thereupon the court rendered a. judgment of dismissal as to said second cause of action, with costs, and the plaintiff prosecuted error to this court. It is contended by the…