W. S. Brewbaker, Inc. v. City of Montgomery

The plaintiff filed suit against the City of Montgomery for monies paid to said city as taxes allegedly under mistake of fact or law.

Demurrers to the complaint and amendments thereto being sustained plaintiff took a nonsuit with leave to appeal.

The gravamen of plaintiff's claim is that taxes of $970 were paid as city taxes on 16 October 1951 on demand of the tax collector of Montgomery County, allegedly due for the tax year ending 30 September 1951.; that no levy for said tax had been made by the city during said tax year; the last levy by the city having been made on 19 May 1950; that under…