Shepperd v. Huey & Philp Hardware Co.

HUGHES, Justice.

This suit was by appellee, Huey and Philp Hardware Company, against the Secretary of State, State Treasurer and Attorney General of Texas, in their official capacities, appellants, to recover franchise taxes and penalties paid under protest.

A nonjury trial resulted in appellee recovering judgment for the amount in controversy plus earned interest thereon.

Payment of the taxes sued for came as a result of a recomputation and recalculation by the Secretary of State of appellee’s taxable capital for each of the years 1932 to 1948, inclusive. For each of the first seven of such…