City of Oakland v. Southern Pacific Co.

THE COURT.

This action was brought to recover taxes claimed to be due plaintiff by defendant upon property owned by it on the first Monday of March, 1894. Findings were filed and judgment 'entered for defendant. Plaintiff appeals from the judgment and from an order denying its motion for a new trial.

The amount of taxes that were due by defendant, according to the assessment as made by the city assessor, at the rate as fixed by the proper authorities, has been paid, and therefore the same is not involved in this action.

The council of plaintiff, sitting as a board of 'equalization, after notice…