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CARR v. CITY OF MEMPHIS

No. 4802.

22 F.2d 678 (1927)

CARR v. CITY OF MEMPHIS.

Circuit Court of Appeals, Sixth Circuit.

November 18, 1927.

Attorney(s) appearing for the Case

James S. Pilcher, of Nashville, Tenn. (Collier & Collier, of Memphis, Tenn., and W. B. Campbell Pilcher, of Nashville, Tenn., on the brief), for appellant.

Edward B. Klewer, of Memphis, Tenn. (John L. Exby, of Memphis, Tenn., on the brief), for appellee.

Before DENISON and MOORMAN, Circuit Judges, and RAYMOND, District Judge.

PER CURIAM.

Complainant assigns as error the dismissal of his bill of complaint upon the ground that it fails to allege that the taxes sought to be recovered from defendant were paid under protest, or under duress, and that, having been voluntarily paid, there can be no recovery therefor.

The bill of complaint alleges payment of taxes under chapter 790 of the Private Acts of Tennessee of 1919; that said law is void because of noncompliance with constitutional...

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