State v. Xeter Realty, Limited

ROGERS, Justice.

The Xeter Realty, Limited, is the appellant from a judgment condemning it to pay to the secretary of state a franchise tax for the year 1932. The tax for which the judgment was rendered was levied under Act No. 8 of 1932.

Appellant concedes its liability for the tax, but disputes its legality as it is sought to be enforced by the secretary of state.

' It is admitted that the appellant failed to make a report as required by section 1 of Act No. 8 of 1932, and that its books were examined by the authority of the secretary of state. The statement prepared by the auditor, which is…