King v. Baker

In this action the plaintiff, on behalf of himself and all other persons similarly situated, sought an injunction enjoining the defendant State Auditor from collecting the license tax imposed upon dealers in motor vehicle fuels by chapter 170, Laws of North Dakota 1939, upon the ground that said chapter violates the provisions of § 64 of the Constitution of North Dakota. The defendant interposed a general demurrer to plaintiff’s complaint and the parties stipulated that judgment should follow the decision upon the demurrer. In the district court the demurrer was sustained and judgment…