Burr v. Hunt
California Supreme Court
Appeal from the Twelfth District. Bill to enjoin defendant, as Tax Collector, from selling plaintiff’s property for taxes.
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Appeal from the Twelfth District. Bill to enjoin defendant, as Tax Collector, from selling plaintiff’s property for taxes. The bill alleges, in substance, that defendant pretends to be Tax Collector of the city and county of San Francisco, but that in fact one Patch is the legal Tax Collector—though defendant is acting as such by virtue of a certificate or commission which gives him color of right to exercise the office ; that defendant has advertised, and is about to sell' the property for taxes due and owing on the property for the fiscal year ending June 30th, 1857 ; that said defendant is…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
Plaintiff brought his bill against defendant, Tax Collector, to enjoin the collection of taxes in the city of San Francisco, claimed to be due from the plaintiff for the year 1857. The bill avers that the assessment under which plaintiff’s property was advertised was made under, and by virtue of, an act of the Legislature, passed May 15,1854, which act provided the manner of the assessment, and rules for the collection, and remedies for the enforcement thereof against all delinquents, and that this act was repealed by the act of April 29th, 1857.
The only…
2Cited by1 opinion
- Woodruff v. PerryCalifornia Supreme Court · 1894