Western Union Telegraph Co. v. County of San Joaquin

McFARLAND, J.—

This is an appeal by plaintiff from a judgment in favor of defendant.

The action is brought to recover $29.50 paid under protest for taxes alleged to have been unlawfully assessed against appellant. A demurrer to the complaint was sustained, and, appellant declining to amend, judgment went for respondent.

The complaint sets forth the history and character of the appellant corporation, its lines of telegraph through the state and San Joaquin County, etc.,—matters of general knowledge. It is particularly averred that by an act of Congress passed July 24, 1866, and appellant’s…