Going v. Atchison, T. & S. F. Ry. Co.

Opinion by

STEPHENSON, C.

The defendant in error paid certain taxes levied against its property for the fiscal year 1922, under protest, and thereafter commenced its action -.or recovery against the plaintiff in error. The trial of the cause resulted in judgment for the defendant in error. The county treasurer, as plaintiff in error, has perfected his appeal and assigns the action 'of the court in rendering judgment for the plaintiff as error for reversal here.

The plaintiff in error continued to place penalties collected' on properties situated in cities of the first class in the county sinking…