Sinclair v. Eddy

The opinion of the court was delivered by

Mason, J.:

Two cases are presented together, but as the questions involved are the same only one will be spoken of. A number of persons paid personal taxes under protest, claiming the assessment to be illegal. Claims against the county for the amounts so paid' were assigned to' Wm. T. Sinclair, who on August 15, 1908, demanded their repayment, and two days later brought an action for their recovery. The county demurred to the petition, the demurrer was sustained, and the plaintiff appeals. ■ :

The latest of the payments was made September 19, *461995,…