Angus v. Plum
California Supreme Court
APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Charles W. Slack, Judge. The action was brought to recover from the defendants, the surviving trustees of the Lick trust, the amount of taxes and penalty for the year 1895 paid by plaintiffs, as executors of the will of James G. Fair, deceased, upon a mortgage of three hundred thousand dollars executed by said Fair to said trustees.
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APPEAL from a judgment of the Superior Court of the City and County of San Francisco. Charles W. Slack, Judge. The action was brought to recover from the defendants, the surviving trustees of the Lick trust, the amount of taxes and penalty for the year 1895 paid by plaintiffs, as executors of the will of James G. Fair, deceased, upon a mortgage of three hundred thousand dollars executed by said Fair to said trustees. The mortgage was paid by plaintiffs after the assessment of the taxes thereupon for 1895. The taxes were subsequently levied, and were paid by plaintiffs, together with a penalty…
1Opinion of the Court
THE COURT.
The judgment in this case must be affirmed on the authority of San Gabriel Co. v. Witmer Co., 96 Cal. 623. The clause of the constitution upon which the rights of parties depend was construed in that case, and the court was very evenly divided. We are now asked to overrule the decision then made, but, whether that decismn was right or wrong, it has been since acted upon, and was acted upon by the parties to this contro*609versy, and we consider that it is protected by the rule of stare decisis.
J udgment affirmed.
Temple, J., dissented.
2Cases cited1 opinion
- San Gabriel Valley Land & Water Co. v. Witmer Bros.California Supreme Court · 1892
3Cited by6 opinions
- State of California v. Superior CourtCalifornia Court of Appeal · 1936
- People v. GordonIllinois Supreme Court · 1916
- Henry v. Garden City Bank & Tr. Co. of San JoseCalifornia Supreme Court · 1904
- William Ede Co. v. HeywoodCalifornia Supreme Court · 1908
- Henry v. Garden City Bank & Tr. Co. of San JoseCalifornia Supreme Court · 1904
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