Missouri, K. & T. Ry. Co. v. Bennett

BRANSON, V. C. J.

Error is presented herein from the district court of Pittsburg county. The Missouri, Kansas & Texas Railway Company sued .T. D. Bennett as county treasurer. The suit was brought under a state of facts contemplated by section 9971, C. O. S. 1921. Under said section a taxpayer at the time of paying a tax contended to have been illegally assessed gives the county treasurer notice that a suit will be brought against the county treasurer to recover the tax so paid. This is such a ease. The plaintiff paid the first half of its taxes levied for municipal purposes of the city of…