Mahoney

Mahoney v. City of San Diego

Good Law
1926 Cal. LEXIS 375·198 Cal. 388·245 P. 189
Supreme Court of CaliforniaApril 1, 1926Docket No. L.A. 8839.California5,440 words

Opinion

Lead Opinion

Richards, J.

The plaintiff herein sought by his amended complaint herein the recovery from the defendant, a municipal corporation, the sum of $1,663.93, with interest, which said sum he alleged he had been compelled to pay and did pay to said municipality under protest as taxes illegally imposed upon his property within said municipality and by its officials charged under its charter and the general laws with the levy and collection of taxes in and for said City. In his said amended complaint he alleges that during all the times mentioned therein he was the owner of the particular parcels of real property described therein, together with the improvements thereon; that the City of San Diego is and during all of said times was a municipal corporation organized and operating under a freeholders’ charter and having among its officials a city assessor possessing the powers enumerated in said charter and in the general laws; that the said property of the plaintiff was assessed for the fiscal year 1923, and that in so assessing the same the said assessor assessed the several lots or parcels of land so described separately from the improvements thereon; that the said several lots or parcels of land…

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