Bailey v. Berkey
U.S. Circuit Court for the District of Northern California
Action at law against an assessor and the sureties on his official bond to recover $10,000 damages for an excessive assessment alleged to have been made maliciously upon plaintiff’s property. Demurrer that the complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
MORROW, Circuit Judge.
This is an action on the case to recover the sum of $10,000 damages for an excessive assessment upon plaintiff’s real property, situate in the county of Sacramento, state of California. The complaint alleges that the plaintiff is a citizen of the state of Yew York, and that the defendants are, and have been for more than four years next preceding the commencement of this action, citizens of the state, of California. The defendant F. H. Berkey is alleged to have been the duly elected, qualified, and acting assessor in and for the county of: Sacramento, state of…
2Cases cited24 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Kendall v. StokesSupreme Court of the United States · 1845
- Yates v. LansingNew York Supreme Court · 1810
- Weaver v. DevendorfNew York Supreme Court · 1846
- Upshur County v. RichSupreme Court of the United States · 1890
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3Cited by7 opinions
- Papagianakis v. The SamosCourt of Appeals for the Fourth Circuit · 1950
- Hartline v. ClaryDistrict Court, E.D. South Carolina · 1956
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- Wasserman v. City of KenoshaWisconsin Supreme Court · 1935
- General Motors v. City of LindenNew Jersey Superior Court Appellate Division · 1995
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