Roseveare

Appellee brought this action to recover of appellant taxes alleged to have been illegally assessed against reclamation homesteads of appellee and her assignors and paid by them under protest. She filed an original complaint and two amended complaints. The amended complaints each contain twenty-one counts. The first count relates to taxes paid by appellee, the others to taxes paid by her assignors. The parties having waived a jury trial, the case was heard by the District Court, sitting without a jury, and judgment was rendered for appellee. This appeal is from that judgment.

The record before us consists of the pleadings and judgment. There is no bill of exceptions, no opinion, no findings of facts, no conclusions of law.

Reversal- is sought on the ground that the twenty-one causes of action sued on by appellee were barred by limitation when this action was commenced. Appellee says this defense cannot be urged here, because, in the court below, appellant did not interpose this or any other defense' to the second amended complaint. Appellee is mistaken. By its special demurrer and by its answer to the first amended complaint, appellant pleaded that each of the twenty-one causes…