PROTEST OF CHICAGO R. I. & P. RY. CO.

PROTEST OF CHICAGO R. I. & P. RY. CO.
1930 OK 256
288 P. 1113
143 Okla. 177
Case Number: 20573
Decided: 05/20/1930
Supreme Court of Oklahoma

PROTEST OF CHICAGO, R. I. & P. RY. CO.

Syllabus

¶0 In the matter of the protest of the Chicago, Rock Island & Pacific Railway Company against certain tax levies made by the Excise Board of Garfield County. From judgment of the Court of Tax Review, protestant appeals. Cause reversed on confession of error.

W. R. Bleakmore, W. L. Farmer, John Barry, and Robert E. Lee, for protestant.
Dan Mitchell, Co. Atty., and Ernest F. Smith, City Atty., for protestee.

ANDREWS, J.

¶1 This is an appeal from the judgment of the Court of Tax Review denying certain protests of the Chicago, Rock Island & Pacific Railway Company against certain tax levies of Garfield county, alleged to be illegal, excessive and void.

¶2 The protestant presents two assignments of error, and in the briefs specifically abandons the second assignment of error.

¶3 The first assignment of error pertains to item 5 of the protest, and it is contended by the protestant that $ 13,070.17 surplus in the sinking fund was not deducted in determining the rate of levy for sinking fund purposes.

¶4 The county attorney of Garfield county and the city attorney of the city of Enid have filed a confession of error in which they say that the contention of protestant should be sustained.