Atchison, Topeka & Santa Fe Railway Co. v. Board of Education

*379The opinion of the court was delivered by

Burch, J.:

The action was one to recover taxes paid under protest. Plaintiff recovered, and defendants appeal.

The levy was made by the board of education of the.city of Topeka, in 1923, before the Revised Statutes of 1923 became effective. The board acted under section 1 of chapter 330 of the Laws of 1907, which at the time appeared as section 9070 of the General Statutes of 1915, the compilation of statutes then in common use. The section now appears as R. S. 72-1702. The section was amendatory of an earlier act relating to regulation, support and…