Falkner, Bell & Co. v. Hunt
California Supreme Court
Appeal from the Twelfth District. The facts appear in the opinion. Defendant had judgment below. Plaintiff appeals.
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
This suit is brought to recover of the defendant, who is Tax Collector, a sum of money for taxes illegally assessed and paid by the plaintiffs under protest.
From the assessment roll, it appears that the appellants were assessed and taxed “for moneys on hand and loaned.” As a distinct item they were assessed “upon mortgages (Marysville, etc.) $100,000.” The tax on this item was paid under protest, and the object of this suit is to recover it.
1. If the money was paid under protest, and was not justly due, it may be recovered back in an action of this sort. (Hayes v. Hogan, 5…
2Cases cited1 opinion
- Hays v. HoganCalifornia Supreme Court · 1855
3Cited by18 opinions
- People v. McCreeryCalifornia Supreme Court · 1868
- Comm'rs of Wabaunsee Co. v. WalkerSupreme Court of Kansas · 1871
- City of Detroit v. MartinMichigan Supreme Court · 1876
- Bucknall v. StoryCalifornia Supreme Court · 1873
- City & County of San Francisco v. FloodCalifornia Supreme Court · 1884
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