Atchison & Eastern Bridge Co. v. Board of County Commissioners

*25The opinion of the court was delivered by

Allen, J.:

Two actions were brought by appellant to recover taxes paid for years 1934 and 1935 upon its toll bridge across the Missouri river at Atchison. In case No. 33,711 the action was to recover taxes which had been paid without protest, and the appeal is from a judgment sustaining a demurrer to the petition. In case No. 34,090 the action was to recover taxes paid under protest. This case was tried to the court, and the appeal is from judgment sustaining a demurrer to the evidence.

We first examine the latter case' — No. 34,090. The taxes paid were…