HOWELL v. STATE

7 Div. 812.

213 So.2d 199 (1968)

Lester H. HOWELL, d/b/a Howell's Grocery v. STATE of Alabama.

Supreme Court of Alabama.

Rehearing Denied July 18, 1968.


Attorney(s) appearing for the Case

Roy D. McCord, Gadsden, for appellant.

MacDonald Gallion, Atty. Gen., and Jake Payne, Asst. Atty. Gen., for appellee.


MERRILL, Justice.

The State Department of Revenue made final a sales tax assessment against appellant on October 6, 1967. Appellant appealed this order to the Circuit Court of Calhoun County, In Equity, on November 1, 1967, under the provisions of Tit. 51, § 140, Code 1940. At that time, appellant filed only a surety bond for costs.

On November 24, 1967, the Attorney General filed a plea in bar pointing out that the statute required a supersedeas bond...

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