The CHIEF JUSTICE delivered the opinion of the court.
Two propositions have been pressed upon our attention, ably and earnestly, in behalf of the plaintiff in error.
The first of them will be first considered.
The answer avers, substantially, that the money tendered was part of the first moneys collected in Lane County after the assessment of 1863, and the demurrer admits the truth of the answer.
The fact therefore may be taken as established...
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