On Petition for Rehearing.
PER CURIAM.The court below dismissed the complaint on (he merits, upholding the validity of the tax complained of, whereas the complaint should have been dismissed for want of equity and without prejudice to the right of the appellant to maintain an action at law for the recovery of the tax when, and if, paid. The decree will be modified accordingly, and affirmed as modified.
With this modification of the decree, the petition for rehearing is denied.