School District No. 6 v. School District No. 5

Plaintiff and defendant districts are wholly within the same township. A newly-elected supervisor, conceiving himself invested with broad equitable jurisdiction and in order to render more equal the valuations of school districts within the township, assessed for school taxes in defendant district certain bank stock which was properly assessable in plaintiff district. The tax was voluntarily paid and remitted by the township tréasurer to defendant district. Plaintiff sued in assumpsit to recover the tax from defendant and had judgment of $166.80.

Because the tax was voluntarily paid, questions…