Judge v. Board of County Commissioners

The opinion of the court, was delivered by

Smith, J.:

These cases each comprise two causes of action. The first in each one is to recover a levee tax paid for 19127 and the second is to enjoin the collection of the same tax, but in a different amount for 1928. The allegations in both cases are precisely the same with the exception that in the Winslow case there is an averment that the annual assessment for levy repairs is limited to five per cent. The court below sustained a demurrer to the petition in each case. Plaintiffs appeal.

The petitions allege the ownership of certain land, describing…