Hays v. Bonaparte

G. K. Hays, as plaintiff, sued E. B. Bonaparte, county treasurer of Oklahoma county, for the recovery of alleged illegal taxes. He paid the taxes under protest and the notice thereof was duly served and, within the time prescribed by law, suit was filed to recover the amount claimed to be illegal on account of an increase of the valuation. The defendant filed a demurrer to the petition and it was sustained by the court. Plaintiff elected to stand upon the demurrer. Judgment was rendered for the defendant; from which judgment, the plaintiff has appealed to this court.

The defendant first raises…