KELLY, J.
Plaintiff and appellee, Consumers Power Company, paid $30,659.36 excess personal property tax to defendants during the years 1951 and 1952. Defendants appeal from judgment for plaintiff in an amount equal to the excess taxes paid.
The statutory provision in regard to a taxpayer's right to institute suit to recover paid taxes is found in CL 1948, § 211.53 (Stat Ann 1950 Rev § 7.97), and the portion applicable to this appeal is as follows...
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