Show ALLEGED ILLEGAL TAX LEVY Hercur Mining Company vs Collector Col-lector Spry of Tooele County The defendants demurrer in the case of the Mercur Gold Mining and Milling lug company against William Spry tax collector of Tooele county was yesterday yester-day argued before Judge Cherry by Attorney Frank Pierce for the plaintiff and Attorney Benner X Smith for the defendant deftLdant The plaintiff sued for the refund of 170 taxes alleged to have been wrongfully levied and paid under protest test and for an injunction restraining the defendant from collecting the balance bal-ance alleged to have been wrongfully levied The plaintiff alleges that the net proceeds pro-ceeds from its mine from Jan 1 1S9C stock was 100000 which was paid to holders in dividends and that the assessor sessor for Tootle county wrongfully assessed the net proceeds of the mines for the year 1S9G at 350000 and that on or before the first Monday in June 1S9C the assessor returned said wrongful wrong-ful assessment and a total tax levy of 27U mills was made thereon amounting amount-ing to 9625 and that plaintiff had no notice of same in time to appear before be-fore the board of equalization plaintiff I then alleges upon information and belief be-lief that the stockholders of the company com-pany have paid the regular taxes on their dividends and further that 10 mills of the 12 16 mills tax for the district of Mercur is unlawful r and void because the 10 mills thereof was not levied by the resident taxpayers taxpay-ers of the district at any public meeting meet-ing but that the same was attempted to be levied by the trustees of the district dis-trict rft Plaintf further sets up that to prevent pre-vent the sale of it property I paid under protest 1750 being 17Y mills on 100000 f Plaintiff prays for an injunction restraining re-straining the defendant from collecting l the balance of the assessment 7875 and for judgment for the 1750 paid under protest The defendants demurrer set up that the complaint did not state facts sufficient suf-ficient to constitute a cause of action or to entitle the plaintiff to the relief prayed for prye After the arguments his honor took I i under advisement |