Kansas City Southern Railway Co. v. Board of County Commissioners

The opinion of the court was delivered by

Harvey, J.:

This is an action to recover taxes paid under protest. The trial court sustained a demurrer to plaintiff’s petition, and it has appealed.

Briefly stated, the petition alleged that school district No. 47, otherwise known as the board of education of the city of Frontenac, a city of the second class, in Crawford county, in the year 1929, pretending to act under the authority of chapter 333 of the Laws of 1927 (R. S. 1931 Supp. 79-1932), levied a tax upon all the taxable property in the district, including plaintiff’s, of six mills on the…