County of Colusa v. County of Glenn

Good Law
124 Cal. 498·1899 Cal. LEXIS 1023·57 P. 477
Supreme Court of CaliforniaMay 25, 1899Sac. No. 561California1,555 words

Opinion

Lead Opinion

Cooper, J.

Action to recover sixteen hundred and twenty-two dollars and seventy-two cents taxes assessed hy plaintiff against the Northern Railway Company for the years 1886 and 1887, and which said sum was paid by said railway company to defendant in November, 1894. The case was submitted in the court below upon a stipulation as to the facts. Judgment was entered for plaintiff for the amount prayed. Defendant made a motion for a new trial, which ivas denied, and this appeal is from the judgment and order. The following is a portion of the stipulation:

It was further stipulated that the state board of equalization reassessed the property of said railway company for the years 1886 and 1887, and apportioned the amount in controversy to defendant, under an act of the legislature of the state of California entitled, “An act in relation to reassessments of property or equalization of the same and the collection of taxes thereon in cases where a former assessment made since 1879 is illegal or invalid, or where the proceedings for the collection of such taxes have been ineffectual by reason of error, irregularity or invalidity, and such taxes have not been paid,” which act was approved March 23,…

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