People v. Frisbie
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Napa County. The defendant' answered without interposing a demurrer. When the case was called for trial, plaintiff moved for judgment on the pleadings. The Court sustained the motion. Defendant appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Shafter, J.:
This is an action for the recovery of delinquent taxes assessed upon real estate. The complaint is against both person and property. The answer alleges, by way of avoidance, that the lands described in the complaint are public lands of the United States. Judgment was entered for the people upon the pleadings, and the appeal is from the judgment.
There are two questions: One as to the sufficiency of the complaint, the other as to the sufficiency of the avoidance, in the event the complaint should turn out to be sufficient.
The lands are described in the complaint by…
2Cases cited1 opinion
- People v. ShearerCalifornia Supreme Court · 1866
3Cited by7 opinions
- San Pedro, Los Angeles & Salt Lake Railroad v. City of Los AngelesCalifornia Supreme Court · 1919
- United States v. 10.95 Acres of Land in JuneauDistrict Court, D. Alaska · 1948
- Slade v. County of ButteCalifornia Court of Appeal · 1910
- People v. The Black Diamond Coal Mining Co.California Supreme Court · 1869
- San Pedro, Los Angeles & Salt Lake Railroad v. City of Los AngelesCalifornia Supreme Court · 1914
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