People v. Home Oil & Supply Co.

Plaiktiee in error is hereinafter referred to as the state, defendant in error as the Home Company, the Continental Oil Company as the Continental Company, and one Jack Cohan as Cohan.

The state sued the Home Company to recover an excise tax of four cents per gallon on certain cars of gasoline consisting of 108,625 gallons. A general demurrer to the complaint was overruled. Answer and replication were filed. A jury wasi waived and the cause tried to the court. At the close of the state’s evidence the Home Company moved for a nonsuit. The cause was argued and taken under advisement, and some…