erroneously or illegally charged

As used in a statute providing for a refund of taxes so exacted, the phrase is held to refer to a jurisdictional defect as distinguished from a mere error of judgment, and it is generally held that no recovery of taxes paid under protest can be had under such statutes on the theory that there has been a mistake in the valuation of the property, which resulted in an excessive assessment. Anno: 110 ALR 670.

Ballentine's law dictionary. . 1998.

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