De Baker v. Carillo
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The defendant was Marshal of the City of Los Angeles.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The defendant was Marshal of the City of Los Angeles. The complaint alleged that the plaintiff owned a lot in said city, and that the city authorities had levied an assessment of one thousand six hundred and forty-three and twenty-two one-hundredths dollars on it for the construction of the main sewer of the city; and that the assessment was illegal and void, and without authority of law ; and that the Marshal had threatened to sell the lot on the 3rd of April, 1876, by virtue of a warrant issued by the…
1Opinion of the Court
The illegality of the demand paid constitutes in itself no ground for relief. There must be in addition some compulsion or coercion attending its assertion which controls the conduct of the party making the payment. If he voluntarily pay an illegal demand, knowing it to be illegal, he is entitled to no consideration ; and if he pay in ignorance of the law, he is in no better position. {Brummagen v- Tillinghast, 18 Cal. 271; Buclcnall v. Story, 46 Cal. 595.) The assessment being void, the sale by the Tax Collector would be simply a nullity, and his deed would not be prima facie evidence of…
2Cases cited7 opinions
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Bucknall v. StoryCalifornia Supreme Court · 1873
- Bucknall v. StoryCalifornia Supreme Court · 1868
- Falkner, Bell & Co. v. HuntCalifornia Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Markwort v. McGeeCalifornia Supreme Court · 1951
- Newcomb v. City of DavenportSupreme Court of Iowa · 1892
- State, Ex Rel. v. Commrs.Ohio Supreme Court · 1928
- Cooper v. ChamberlinCalifornia Supreme Court · 1889
- Board of County Commissioners v. Colorado Springs Co.Colorado Court of Appeals · 1900
3 more not listed; retrieve them via the Exa API.