Taylor v. Donner
California Supreme Court
Appeal from the District Court, .Twelfth Judicial District, City and County of San Francisco. Action to recover a tax assessed on a lot in San Francisco for street improvements. George B. Bradford and C. A. Hawley and others were made defendants along with Donner.
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Appeal from the District Court, .Twelfth Judicial District, City and County of San Francisco. Action to recover a tax assessed on a lot in San Francisco for street improvements. George B. Bradford and C. A. Hawley and others were made defendants along with Donner. The complaint averred that the tax was assessed against Donner, but that all the defendants, during all the proceedings mentioned in the complaint, were and still continue to be the owners of certain portions of said lands, and that the defendants now are, and on the 10th day of November, 1864, and ever since have been, the owners…
1Opinion of the Court
By the Court, Sanderson, J.:
Action for a street assessment. In most respects it is like the case of Taylor v. Palmer et al., ante, 240. The tax was assessed against Donner only. The answers of Bradford and Hawley, the only defendants who appeal, deny that Donner is the owner of the land or was at the commencement of the proceedings alleged in the complaint; and set up that Bradford and Hawley are and were the sole owners each of distinct and divided portions. The plaintiff’s motion for judgment on the pleadings confessed these facts. The case is therefore within the rule in Smith v. Davis, 30…
2Cases cited2 opinions
- People v. Sneath & ArnoldCalifornia Supreme Court · 1865
- Smith v. DavisCalifornia Supreme Court · 1866
3Cited by7 opinions
- Weinreich v. HensleyCalifornia Supreme Court · 1898
- Shipman v. ForbesCalifornia Supreme Court · 1893
- Gwynn v. DierssenCalifornia Supreme Court · 1894
- Himmelmann v. SteinerCalifornia Supreme Court · 1869
- City of Sedalia v. GallieMissouri Court of Appeals · 1892
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