Legal Opinion

Whittaker v. County of Tuolumne

California Supreme Court

Decided August 31, 1892No. 14767PublishedCited by 28 opinions

Appeal from a judgment of the Superior Court of Tuolumne County. The facts are stated in the opinion.

1Opinion of the Court

Temple, C.

— This action was brought for the purpose of determining an adverse claim, which it is alleged the defendant makes against the plaintiff for two hundred dollars, under an ordinance imposing a license tax upon persons engaged in the business of raising,grazing, herding, and pasturing sheep.

Plaintiff contends that the ordinance is void, and the defendant’s claim against plaintiff and the license tax unfounded, and he asks for a judgment so declaring.

The right to maintain such an action is supposed to be found in section 1050 of the Code of Civil Procedure, which reads as follows: “An…

2Cases cited1 opinion

  1. Mayrhofer v. Board of Education of San DiegoCalifornia Supreme Court · 1891

3Cited by28 opinions

  1. People v. California Fish Co.California Supreme Court · 1913
  2. Balthasar v. Pacific Electric Railway Co.California Supreme Court · 1921
  3. Hoyt v. Board of Civil Service CommissionersCalifornia Supreme Court · 1942
  4. Nutter v. City of Santa MonicaCalifornia Court of Appeal · 1946
  5. People v. Superior CourtCalifornia Supreme Court · 1947

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