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W.S. BREWBAKER, INC. v. CITY OF MONTGOMERY

3 Div. 987.

119 So.2d 886 (1955)

W. S. BREWBAKER, INC. v. CITY OF MONTGOMERY et al.

Court of Appeals of Alabama.

Reversed on Mandate April 16, 1960.

Attorney(s) appearing for the Case

Wm. S. Duke and Vincent S. Lamb, Montgomery, for appellant.

Walter J. Knabe, Knabe & Nachman, Montgomery, for appellees.

HARWOOD, Presiding Judge.

The plaintiff filed suit against the City of Montgomery for monies paid to said city as taxes allegedly under mistake of fact or law.

Demurrers to the complaint and amendments thereto being sustained plaintiff took a nonsuit with leave to appeal.

The gravamen of plaintiff's claim is that taxes of $970 were paid as city taxes on 16 October 1951 on demand of the tax collector of Montgomery County, allegedly due for the tax year...

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