Farmers Union Central Coöperative Exchange v. Mitchner

The opinion of the court was delivered by

Harvey, C. J.

This was an action to enjoin defendants, from collecting a tax of one cent per gallon on motor vehicle fuels under chapter 271 of the Laws of 1945 (G. S. 1945 Supp. 68-1801 to 68-1823). The trial court sustained defendants’ demurrer to plaintiff's petition and it has appealed.

Before the appeal reached this court the attorney general, apparently having the view this action was not broad enough in its scope for the consideration of all questions which might be presented therein, brought an original quo warranto proceeding in this court…