Opinion
No. 6,511.
Submitted November 14, 1929.
Decided January 9, 1930.
Appeal from District Court, Toole County; John. J. Greene, Judge.
ACTION by the Fulton Oil Company against Toole County to recover net proceeds taxes paid under protest. From a judgment in favor of plaintiff, defendant appeals. Affirmed.
Mr. B. L. Clinton and Mr. Walter B. Knaack, for Appellant, submitted an original and a reply brief; Mr. Clinton argued the cause orally.
Mr. Louis P. Donovan, for Respondent, submitted a brief, and argued the cause orally.
This case is substantially identical with No. 6510, ante, p. 367, 283 P. 769; the difference between the two being that the present case is to recover money alleged to have been illegally collected when the first installment of the 1926 taxes was paid, whereas case No. 6510 is to recover the money alleged to have been illegally collected when the second installment was paid.
Upon the authority of the opinion in case No. 6510, Fulton Oil Co. v. Toole County, ante, p. 367, 283 P. 769, the judgment is affirmed.