Bush v. Rural High-school District No. 1

The defendants appeal from a decision ’overruling their demurrer to plaintiff’s petition in an action to recover taxes paid under protest. Rural High-school District No. 1 in Rush county ,was organized under chapter 311 of the Laws of 1915, which took effect March 16,1915. The organiza*875tion was not completed until after‘the third Monday in April, the time fixed by statute for the annual meeting of the district to make the necessary levy for taxes, and the levy was not máde until July 2. The court overruled the demurrer on the theory that the statutory requirements as to the time when the levy…