Breedin v. Town of Manning

The opinion of the Court was delivered by

Mr. Acting Associate Justice W. C. Cothran.

These two actions were brought to recover certain taxes on real estate assessed by the Town of Manning and paid under protest, by the plaintiffs. The town filed answers in both suits, setting forth the alleged constitutionality of the levies, and to these answers plaintiffs filed demurrers. Upon hearing the demurrers, the Circuit Judge sustained them and dismissed the answers. From the order dismissing the answers, this appeal is taken.

At this point it may be well to insert the order of the Circuit Judge, in…