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JAYBIRD MINING CO. v. WEIR

No. 293.

271 U.S. 609 (1926)

46 S.Ct. 592

70 L.Ed. 1112

JAYBIRD MINING COMPANY v. WEIR, COUNTY TREASURER.

Supreme Court of United States.

Decided June 7, 1926.

Attorney(s) appearing for the Case

Mr. A. Scott Thompson, with whom Messrs. A.C. Wallace, Vern E. Thompson, and Ray McNaughton were on the brief, for plaintiff in error.

Mr. John H. Venable, with whom Messrs. A.L. Commons and Wm. H. Thomas were on the brief, for defendant in error.

MR. JUSTICE BUTLER delivered the opinion of the Court.

The mining company sued in the District Court of Ottawa County to recover a tax of $2,319.80 paid under protest. The County Treasurer demurred to the petition asserting that it failed to state a cause of action. The demurrer was overruled, and judgment was given for the plaintiff. On appeal to the highest court of the State the

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