People v. Cole
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The action was brought to recover the amount alleged to be due for a license tax to sell and dispose of spirituous liquors and wines in less quantities than one quart at a fixed place of business in the county of Fresno. The action was commenced on the 26th of January, 1884. The complaint alleged the previous sale of liquors by the defendant in violation of the ordinance.
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Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. The action was brought to recover the amount alleged to be due for a license tax to sell and dispose of spirituous liquors and wines in less quantities than one quart at a fixed place of business in the county of Fresno. The action was commenced on the 26th of January, 1884. The complaint alleged the previous sale of liquors by the defendant in violation of the ordinance. On the trial, the plaintiff offered in evidence the ordinance-book of the board of supervisors, from which it appeared…
1Opinion of the CourtMyrick, J.
Action to recover a license tax of one hundred dollars. The court below granted a nonsuit, and on this appeal two points are presented by the respondent as to the correctness of the ruling:—
1. The ordinance was not passed on the first Monday of October, as required by section 4045, subdivision 3, of the Political Code.
*602. The ordinance was not recorded by the clerk in the ordinance-book until after the defendant made the sales complained of. (Act to establish a uniform system of county governments, approved March 14,1883, secs. 2, 21.)
It appears from the transcript that, on Monday, October 1st,…
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