Woco Pep Co. v. City of Montgomery

The suit is to recover or require a refund from the city of Montgomery of certain funds paid under protest and under-color of a city ordinance, levying an excise tax of one cent per gallon upon sales of motor fuels within the corporate limits and within the police jurisdiction of the city.

This is the second appeal. For former decision, see Woco Pep Co. of Montgomery v. City of Montgomery, 213 Ala. 452, 105 So. 214.

The cause, as then considered, stood as No. 5095 on the docket of the trial court. After reversal plaintiff instituted two further suits, Nos. 6180 and 6189, each claiming sums of…