Atchison, Topeka & Santa Fe Railway Co. v. Board of County Commissioners

The opinion of the court was delivered by

Graves, J.:

On September 20, 1905, the plaintiff in error commenced this action in the district court of .Sumner county to recover taxes paid to the county treasurer under protest, which are alleged to be illegal. A joint general demurrer to the petition was sustained, and, the plaintiff electing to stand upon its pleading, a judgment in favor of the defendants was entered for costs. This action óf the district court is .assigned as error and constitutes the only question presented. The petition, excluding formal parts, reads:

“That during the year 1903…