JOHNSON FRUIT COMPANY v. STORY

No. 34835.

106 N.W.2d 182 (1960)

171 Neb. 310

JOHNSON FRUIT COMPANY, a corporation, Plaintiff, v. Roscoe STORY, as County Assessor of Adams County, Nebraska, Chester Yost, as County Treasurer of Adams County, Nebraska, Forrest Johnson, as State Tax Commissioner, Defendants.

Supreme Court of Nebraska.

November 30, 1960.


Attorney(s) appearing for the Case

Stiner & Boslaugh, Hastings, for plaintiff.

Clarence S. Beck, Atty. Gen., H. G. Hamilton, Asst. Atty. Gen., for defendants.

Heard before SIMMONS, C. J., CARTER, MESSMORE, YEAGER, CHAPPELL and WENKE, JJ.


CARTER, Justice.

This is an original action for a declaratory judgment brought by the plaintiff Johnson Fruit Company praying for an injunction against the defendants the county assessor and county treasurer of Adams County, Nebraska, and the state Tax Commissioner of Nebraska. The defendants filed a general demurrer to the petition. The issue is, therefore, whether or not the petition states a cause of action entitling the plaintiff to the relief sought.

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