National Bank of Boaz v. Marshall County

BROWN, Justice.

This is an action of indebitatus assump-sit, by the appellant against the appellee, the county of Marshall, to recover money paid as taxes assessed against plaintiff’s capital stock as a national bank for the years 1926 to 1930, inclusive.

The complaint as originally filed consisted of the common counts for money had and received, as to each of said years; but these counts were abandoned by amendment, and special counts substituted therefor. To these counts the county filed demurrers, which .were sustained by the court, and the plaintiff refused to plead further, took a…