Legal Opinion

Easterbrook v. City & County of San Francisco

California Supreme Court

Decided May 1, 1896No. S. F. No. 187PublishedCited by 4 opinions

APPEAL from Superior Court, City and County of San Francisco; James M. Seawell, Judge. Action by D. E. Easterbrook against the city and county of San Francisco to recover back money paid under protest for special assessments levied for the widening of Dupont street, in the city of San Francisco. From a judgment in favor of defendant, on refusal of plaintiff to plead further after demurrer to the complaint was sustained, plaintiff appeals.

1Opinion of the Court

SEARLS, C.

This is an action brought by the appellant to recover from the respondent money paid under protest for Dupont street taxes, levied under authority of the act of March 23, 1876, entitled “An act to authorize the widening of Dupont street, in the city of San Francisco” (Stats. *3421875-76, p. 433). A demurrer was interposed to the complaint by defendant, which was sustained by the court; and, plaintiff declining to amend, judgment was entered in favor of defendant, from which judgment plaintiff appeals. The cause comes up on the judgment-roll, and the sufficiency of the complaint…

Also in this document: Per curiam.

2Cases cited3 opinions

  1. Liebman v. City & County of San FranciscoUnited States Circuit Court · 1885
  2. Pacific Mutual Life Insurance v. County of San DiegoCalifornia Supreme Court · 1896
  3. Elberg v. County of San Luis ObispoCalifornia Supreme Court · 1896

3Cited by4 opinions

  1. Spencer v. City of Los AngelesCalifornia Supreme Court · 1919
  2. Phelan v. City & County of San FranciscoCalifornia Supreme Court · 1898
  3. Davis v. City & County of San FranciscoCalifornia Supreme Court · 1896
  4. Shapter v. City & County of San FranciscoU.S. Circuit Court for the District of Northern California · 1901

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