Legal Opinion

People v. The Black Diamond Coal Mining Co.

California Supreme Court

Decided July 1, 1869PublishedCited by 7 opinions

Appeal from the District Court, Fifteenth Judicial District, Contra Costa County. This was an action to recover delinquent taxes. The People had judgment, and the defendant appealed therefrom, and from an order denying its motion for a new trial. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Rhodes, J.:

The property assessed is described as “the possession and interest of the Black Diamond Coal Mining Company of, in, and to those certain tracts of land situate,” etc.; and it is alleged in the complaint that “the said possession and claim to said lands are valued and assessed at forty thousand dollars.” The title to the land is in the United States, and the land was used by the defendant for coal mining purposes.

It was held in People v. Shearer, 30 Cal. 656, People v. Frisbie, 31 Cal. 146, and People v. Cohen, 31 Cal. 210, that the possession of and claim to public…

2Cases cited4 opinions

  1. People v. ShearerCalifornia Supreme Court · 1866
  2. People v. FrisbieCalifornia Supreme Court · 1866
  3. People v. GerkeCalifornia Supreme Court · 1868
  4. People v. CohenCalifornia Supreme Court · 1866

3Cited by7 opinions

  1. Connolly v. County of OrangeCalifornia Supreme Court · 1992
  2. Florer v. SheridanIndiana Supreme Court · 1894
  3. People v. EddyCalifornia Supreme Court · 1872
  4. T Peka Commercial Security Co. v. McPhersonSupreme Court of Oklahoma · 1898
  5. San Pedro, Los Angeles & Salt Lake Railroad v. City of Los AngelesCalifornia Supreme Court · 1914

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