Craig v. Boone

SMITH, C.

This is a suit to recover from the defendant the sum of three hundred and ninety-one dollars, the amount of tax, with penalty, levied on the plaintiff’s property for the maintenance of a pretended union high school. This was paid by the plaintiff under protest; and it is claimed by him on the facts alleged in the complaint that the tax was void. A demurrer to the complaint was sustained, and judgment thereon entered. In support of the demurrer one of the grounds urged is that the suit cannot be maintained against the tax-collector; and this contention we think should be sustained.…