Maddox v. Hill

Niohods, Justice.

The plaintiffs filed an equitable petition seeking to enjoin the collection of ad valorem taxes in excess of the amount due based upon valuations returned by the taxpayers. It was alleged that assessments had been made arbitrarily in an attempt to increase the tax digest of the county. The defendants filed a motion to dismiss which included the ground that no tender of the taxes admitted to be due had been alleged in the petition. A hearing on such motion was set for November 18, 1968. On the date of the hearing the plaintiffs filed an amendent which alleged a tender of the…