Legal Opinion

City of Oakland v. Whipple

California Supreme Court

Decided July 1, 1872No. 2,803PublishedCited by 16 opinions

Appeal from the District Court of the Third Judicial District, County of Alameda. The plaintiff had judgment, and the defendants appealed. The other facts are stated in the opinion.

1Opinion of the Court

By the Court, Rhodes, J.:

This action, which was brought by the City Attorney for the recovery of a delinquent tax which was levied for the year 1869, was commenced January 17th, 1870. It is not denied by the defendants that the action was properly commenced, and that at that time the City of Oakland was entitled to a judgment for the amount then due for delinquent taxes; but they say that “ the law under which said action was commenced was repealed, after service of summons, and before judgment.” (Session laws 1870, p. 722-3.) And their argument is, as we understand it, that as that Act…

2Cited by16 opinions

  1. Willcox v. EdwardsCalifornia Supreme Court · 1912
  2. State ex rel. Pierce v. SlusherOregon Supreme Court · 1926
  3. Blakemore v. CooperNorth Dakota Supreme Court · 1905
  4. Union Pac. R. Co. v. Board of Com'rs of Weld County, Colo.Court of Appeals for the Eighth Circuit · 1914
  5. Drainage District No. 7 v. BernardsOregon Supreme Court · 1918

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