Legal Opinion

McHenry v. Downer

California Supreme Court

Decided February 3, 1897No. Sac. No. 158PublishedCited by 18 opinions

Appeal from a judgment of the Superior Court of Stanislaus County. William O. Minor, Judge. The facts are stated in the opinion.

1Opinion of the Court

Searls, C.

This is a controversy without action, submitted upon an agreed statement to the superior court in and for the county of Stanislaus, under the provisions of section 1138 of the Code of Civil Procedure, to determine the legality of a tax imposed upon the plaintiffs and the right of the defendant as. tax collector to enforce payment thereof.

By the judgment in the case the validity of the tax and the right of the defendant to collect the same was upheld. Plaintiffs appeal from the judgment, and the cause comes up on the judgment-roll.

It appears from the agreed statement: 1. The First…

2Cases cited12 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. Van Allen v. AssessorsSupreme Court of the United States · 1866
  4. Mercantile Bank v. New YorkSupreme Court of the United States · 1887
  5. People v. WeaverSupreme Court of the United States · 1880

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3Cited by18 opinions

  1. Hopping v. Council of City of RichmondCalifornia Supreme Court · 1915
  2. San Pedro, Los Angeles & Salt Lake Railroad v. City of Los AngelesCalifornia Supreme Court · 1919
  3. Crocker v. ScottCalifornia Supreme Court · 1906
  4. In Re Assessment of First Nat. Bank of ChickashaSupreme Court of Oklahoma · 1916
  5. Utah Construction Co. v. RichardsonCalifornia Supreme Court · 1921

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