Legal Opinion

Brandt v. Riley

California Court of Appeal

Decided June 13, 1934No. Civ. No. 5152PublishedCited by 12 opinions

1Opinion of the CourtThompson, J.

This is a petition for a writ of mandamus to compel the State Controller to draw a warrant upon the treasurer of the state of California in payment of two claims for reimbursement of taxes from a special fund created by chapter 968 of the Statutes of 1933, page 2490, which taxes were previously inadvertently levied and collected from the petitioners pursuant to article XIII, section 15, of the Constitution on the erroneous theory that they were operating a trucking system as common carriers.

The petitioners are engaged as copartners in the business of transporting freight over the highways of…

2Cases cited4 opinions

  1. Meek v. McClureCalifornia Supreme Court · 1875
  2. Bekins v. S. Co. v. State of CaliforniaCalifornia Court of Appeal · 1933
  3. Grimes v. County of MercedCalifornia Court of Appeal · 1928
  4. Whyte v. State of CaliforniaCalifornia Court of Appeal · 1930

3Cited by12 opinions

  1. Southern Service Co. v. County of Los AngelesCalifornia Supreme Court · 1940
  2. Tirapelle v. DavisCalifornia Court of Appeal · 1993
  3. People v. Birch Securities Co.California Court of Appeal · 1948
  4. Franchise Tax Board v. Superior CourtCalifornia Supreme Court · 2011
  5. Merchants Despatch Transportation Corp. v. Arizona State Tax CommissionCourt of Appeals of Arizona · 1973

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