Ewing v. Frank

This statutory petition for relief from a tax allegedly overassessed on December 31, 1965, against the plaintiff’s real estate was brought in the superior court pursuant to G. L. 1956, §44-5-26, against the tax assessors for the town of Jamestown. The defendants filed a motion to dismiss, supported by affidavits, claiming a lack of jurisdiction and failure to state a claim under rule 12(b) of the rules of civil procedure of the superior court. It is before us on the plaintiff’s appeal from a decision of that court which granted the defendant assessors’ motion to dismiss for lack of…