Aalwyn's Law Institute v. City & County of San Francisco

This is an action to recover taxes paid under protest upon a tax levy alleged to be illegal and invalid. The action was commenced on May 27,1911, and the amended complaint was filed January 8, 1915. A general demurrer to each cause of action was filed and overruled. Due notice of the order overruling the demurrer was given, and defendant having failed to answer within the time allowed, its default was duly and regularly entered. Thereafter, upon request of plaintiff, the clerk of the court entered judgment in favor of plaintiff and against defendant for the amount prayed for in the amended complaint. Notice of entry of judgment was thereupon duly served upon defendant. Defendant then moved to set aside the default and vacate the judgment. The judgment was vacated by the court, but the motion to set aside the default was denied. Thereafter the case was submitted upon the record. The court subsequently rendered judgment in favor of the defendant. Plaintiff appeals from this judgment, and also from the order vacating the former judgment entered by the clerk.

The questions presented upon this appeal are, first, whether or not the complaint states a cause of action upon which the…