Town of Dunn v. Tew

The defendants’ exceptions and assignments of error are as follows: “1. For that the Court erred in signing the judgment without submitting issues to the jury, the burden being on the plaintiff to prove its case, and as appears in the record over the objections of the defendants. 2. For tbat the Court erred over the objection of the defendants in signing judgment in favor of the plaintiff.” These exceptions and assignments of error cannot be sustained on the record.

The complaint alleges: (1) that plaintiff is a municipal corporation and under the law has the power to levy and collect taxes on…