State v. City of Montgomery

POSTER, Justice.

The questions here presented are: (1) The sufficiency of count 3, and (2) of plea 3 as an answer to the common counts. The rulings were adverse to the state causing a non-suit to review them by appeal.

C-ount 3 claims an amount “due by defendant for gasoline taxes on gasoline used and withdrawn from storage as required by” certain acts of the Legislature there mentioned by their title. Plea 3 is that defendant purchased the gasoline outside of Alabama, shipped it in tank cars directly into storage tanks of defendant, and that defendant withdrew it from time to time from such…