Globe Grain & Milling Co. v. County of Los Angeles

Good Law
1923 Cal. App. LEXIS 465·62 Cal. App. 297·216 P. 631
Court of Appeal of CaliforniaMay 25, 1923Civ. No. 4167.California1,688 words

Opinion

lead Opinion

Conrey, J.

Plaintiff paid under protest a tax levied against it on solvent credits assessed as property of the plaintiff. Plaintiff’s demand for repayment of this tax having been refused, it brought this action. The defendant’s demurrer to the second amended complaint was sustained, and the plaintiff failed to make any further amendment. Thereupon, judgment was entered in favor of the defendant. Prom this judgment the plaintiff appeals.

In the complaint it is alleged that in the assessment of plaintiff’s property for the year 1919 by the county assessor of the county of Los Angeles there was wrongfully and unlawfully included as property belonging to the plaintiff solvent credits amounting to $1,559,850; that said assessment so set down was illegal and void in that plaintiff at 12 o’clock M., of the first Monday of March, 1919, owed debts and unsecured liabilities to Iona fide residents of the state of California and firms, associations, and corporations doing business in said state in excess of said sum, “which said debts and liabilities had been claimed as a deduction from said assessment by plaintiff”; that thereafter, in July, 1919, plaintiff duly appeared before the board of…

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