321 S.W.2d 562 (1959)

UNION RAILWAY COMPANY v. Z. D. ATKINS, Commissioner of Finance and Taxation, etc.

Supreme Court of Tennessee.

January 23, 1959.

Attorney(s) appearing for the Case

Cooper Turner, Jr., and James W. McDonnell, Jr., Memphis, for appellant (complainant).

George F. McCanless, Atty. Gen., Allison B. Humphreys, Sol. Gen., Nashville, Milton P. Rice, Asst. Atty. Gen., for appellee (defendant).

NEIL, Chief Justice.

This appeal involves the alleged unlawful exaction of a privilege tax by the Commissioner of Finance and Taxation, the said tax having been paid under protest and suit filed in the Chancery Court to recover it. The amount of the refund is claimed to be $1,703.54 together with interest thereon from September 5, 1956.

The cause was heard by the Chancellor on bill and answer with a stipulation of facts. The question presented for consideration...

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