Jackson Grain Company v. Lee

BROWN, C. J.:

This is an appeal from an order granting plaintiff’s motion to strike part of defendant’s answer and granting plaintiff’s motion to dismiss counterclaim and from final decree. The decree vacated and set aside that part of a prior final decree which enjoined the Comptroller from collecting the gross receipts tax on sales of certain products which taxes were imposed by the chain stores act of 1935. This decree was predicated upon a bill in the nature of a bill of review which we upheld on the former appeal. When the case went back down to the Circuit Court, answer and counter claim…