STATE v. OVERBY

6 Div. 58.

89 So.2d 525 (1956)

STATE of Alabama v. V. G. OVERBY et al., d/b/a Shamrock Billiard Parior.

Supreme Court of Alabama.

September 6, 1956.


Attorney(s) appearing for the Case

John Patterson, Atty. Gen., and Willard W. Livingston and Wm. H. Burton, Asst. Attys. Gen., for appellant.

Skidmore & Davidson, Tuscaloosa, for appellees.


SIMPSON, Justice.

The appellee was assessed additional punchboard tax by the Department of Revenue and appealed said assessment to the Circuit Court, sitting in equity, for a trial de novo under the provisions of § 140, Tit. 51, Code of 1940. This is an appeal by the State from the ruling of the Circuit Court in equity overruling the State's demurrer to the taxpayer's bill as amended.

An assessment duly made by the Department of Revenue is prima facie...

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