County of Sacramento v. Central Pacific Railroad
California Supreme Court
Appeal by the People of the State of California, by the Attorney General, from a judgment for the plaintiff, and from an order denying a motion to set aside the judgment in the Superior Court of the County of Sacramento.
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Appeal by the People of the State of California, by the Attorney General, from a judgment for the plaintiff, and from an order denying a motion to set aside the judgment in the Superior Court of the County of Sacramento. Denson, J. Upon a motion to dismiss the appeal, on the ground that the Attorney General had no right to appear in the Court below, the Court rendered the following decision: " The plaintiff commenced an action against the defendant to recover State and county taxes for the year 1881, to the amount of seventeen thousand four hundred and twenty-five dollars—of which sum ten…
1Opinion of the Court
McKinstry, J.:
It is claimed by respondent that the judgment appealed from was entered in compliance with Section 997 of the Code of Civil Procedure, which reads as follows:
“ The defendant may, at any time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified. If the plaintiff accept the offer, and give notice thereof within five days, he may file the offer, with proof of notice of acceptance, and the clerk must thereupon enter judgment accordingly. If the notice of acceptance be not…
2Cases cited3 opinions
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- State v. California Mining Co.Nevada Supreme Court · 1880
3Cited by14 opinions
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- State v. TaylorIdaho Supreme Court · 1939
- Lake County v. Sulphur Bank Quicksilver Mining Co.California Supreme Court · 1884
- Old Settlers Investment Co. v. WhiteCalifornia Supreme Court · 1910
- Newman v. LanceIdaho Supreme Court · 1996
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