MERRILL, Justice.
The State Department of Revenue entered a final assessment against appellee, John R. Farris, for the architect license tax provided for under Tit. 51, § 459, Code 1940. Farris appealed the assessment to the Circuit Court of Montgomery County. The cause came on to be heard and the parties rested after one witness testified, and the trial court found in favor of appellee.
Title 51, § 459, provides:
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