Chicago, Rock Island & Pacific Railway Co. v. Nichols

The opinion of the court was delivered by

Jochems, J.:

Plaintiff sought to recover taxes paid under protest. Defendants filed an amended answer alleging grounds justifying the levy. Plaintiff filed a demurrer to this answer which was overruled, and from this order plaintiff appeals.

*510Plaintiff alleged that the defendant rural high-school district No. 5 of Jewell county could not lawfully levy more than the six-mill levy on taxable property within its district for- general purposes and that it disregarded this limitation and made a levy of eight mills for the year 1927. Plaintiff alleged further…