Fruit Growers Express Co. v. Brett

The attorney general has appealed, on behalf of the state treasurer, from a judgment entered on the pleadings in an action instituted by the Fruit Growers Express Company, a Delaware corporation, against F. E. Williams, treasurer of the state of Montana, for the recovery of certain taxes paid under protest. On the hearing before this court James J. Brett, the present state treasurer, was substituted for F. E. Williams, retired. The pleadings consist of the complaint and answer.

A. By paragraphs 1 to 5, inclusive, the complaint alleges the following facts: The plaintiff is a “Freight Line…