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

3 Div. 752.

119 So.2d 887 (1959)

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

Supreme Court of Alabama.

Rehearing Denied April 7, 1960.


Attorney(s) appearing for the Case

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

Walter J. Knabe, Montgomery, opposed.


PER CURIAM.

Petitioner filed suit against the City of Montgomery to recover taxes paid on October 16, 1951, allegedly under mistake of fact or law. Demurrers to the six counts of the complaint, as amended, were sustained and petitioner took a nonsuit with leave to appeal. The Court of Appeals affirmed the judgment of the Circuit Court.

Count 4 of the complaint was a common count in code form. The Court of Appeals held that the demurrer to that count was correctly...

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