Legal Opinion

Central Pacific Railroad v. Corcoran

California Supreme Court

Decided July 1, 1874No. 3,855PublishedCited by 5 opinions

Appeal from the County Court, Twentieth Judicial District, Santa Clara County. The plaintiff was the owner of a railroad, extending from the city of San José, county of Santa Clara, through the counties . of Alameda, San Joaquin, Sacramento, Placer and Nevada, to the eastern boundary of the State, and thence to Ogden, in the Territory of Utah. Eight and ^ miles of its road was in the county of Santa Clara, which was assessed for the fiscal year 1872-3 at $7,000 per mile.

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Appeal from the County Court, Twentieth Judicial District, Santa Clara County. The plaintiff was the owner of a railroad, extending from the city of San José, county of Santa Clara, through the counties . of Alameda, San Joaquin, Sacramento, Placer and Nevada, to the eastern boundary of the State, and thence to Ogden, in the Territory of Utah. Eight and ^ miles of its road was in the county of Santa Clara, which was assessed for the fiscal year 1872-3 at $7,000 per mile. The complaint contained several allegations of irregularity in the assessment, and of errors committed by the Boards of…

1Opinion of the Court

By the Court, Rhodes, J.:

It was held in Savings and Loan Society v. Austin, 46 Cal. 415, and the other tax' cases decided at the October term, 1873, and in Houghton v. Austin, 47 Cal. 646, that an injunction Avas not the proper remedy in those actions. Upon the authority of those cases, the order dissolving the injunction is affirmed.

Remittitur forthwith.

2Cases cited2 opinions

  1. Houghton v. AustinCalifornia Supreme Court · 1874
  2. Savings & Loan Society v. AustinCalifornia Supreme Court · 1873

3Cited by5 opinions

  1. Bank of Santa Rosa v. ChalfantCalifornia Supreme Court · 1877
  2. Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
  3. Lent v. TillsonCalifornia Supreme Court · 1887
  4. Universal Consolidated Oil Co. v. ByramCalifornia Supreme Court · 1944
  5. Universal Consolidated Oil Co. v. ByramCalifornia Supreme Court · 1944

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