Mason v. Johnson
W. C. MASON v. PERRY JOHNSON
- Area
- civil
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
By the Court:
1. The protest served upon the defendant wras sufficient, for the defendant was bound to take notice of the matter, which rendered the tax illegal.
2. There was no authority in the tax collector of the city of Oakland to collect the taxes levied in the town of Brooklyn. He had not been elected tax collector by the qualified electors of Brooklyn, as required by the constitution. (Art. II, sec. 13.) The case of the People v. Hastings (29 Cal. 449) upon this point is decisive of this case.
Judgment reversed, and cause remanded with directions to render judgment for the plaintiff upon the agreed statement of facts.
Mr. Justice McKinstry expressed no opinion.
Cites, in this corpus
- People v. Hastings · 1866-07-01
Cited by
- Spencer v. City of Los Angeles L. A. No. 4727. · 1919-02-28
- Smith v. Farrelly No. 5415 · 1877-07-01