Benn v. Slaymaker

The opinion of the court was delivered by

BURCH, J.:

The action in the district court was one to enjoin the execution of a warrant for the collection of taxes on personal property. A demurrer was sustained to the petition and the plaintiff appeals.

The plaintiff and A. W. Johnson were partners con*65ducting a retail furniture store under the firm name of the Home Furniture Company. The plaintiff was employed in the railway mail service and took no part in conducting the business. Johnson was sole manager, and as such, on April 12, 1912, made a statement to the deputy assessor of the firm’s property…