Foy v. Board of County Commissioners

The opinion of the court was delivered by

Atkinson, J. :

This action was commenced by E. M. Foy in the district court of Comanche county against the board of county commissioners to recover the sum of $118.56, paid under protest for taxes levied and assessed against him in the year 1895 on two stocks of merchandise. Trial was had before the court upon agreed facts, and testimony as to the ownership of the property. There was judgment for defendants, and a new trial denied. Plaintiff brings error.

The facts are substantially as follows : On, and for some time prior to, the 22d day of February,…