Chicago, Rock Island & Pacific Railway Co. v. Nichols

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order of the district court entering a mandate from this court and from an order overruling plaintiff’s motion for judgment in accordance with the mandate, and to have entered an order sustaining plaintiff’s demurrer to defendants’ answer, and requesting the court to render judgment in favor of plaintiff as prayed for in its petition.

Originally the action was one to recover taxes for rural high-school district purposes paid by plaintiff under protest. The rural high-school districts had levied a tax of eight mills…