Legal Opinion

Spring Valley Water Co. v. City and County of San Francisco

Supreme Court of the United States

Decided April 15, 1918No. 211PublishedCited by 2 opinions

APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR ■'*' NINTH CIRCUIT. In 1908 tlie Spring Valley Water Company, the appellant, commenced in the Circuit Court of the United States for the Northern District of' California a suit against the City and County of San Francisco to enjoin the enforcement of an ordinance fixing the water rates for that year.

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APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR ■'*' NINTH CIRCUIT. In 1908 tlie Spring Valley Water Company, the appellant, commenced in the Circuit Court of the United States for the Northern District of' California a suit against the City and County of San Francisco to enjoin the enforcement of an ordinance fixing the water rates for that year. A preliminary injunction was granted upon the condition that all sums collected by the Water Company from its customers in excess of the ordinance rates should be deposited in a bank agreed upon by the parties or designated by the court to await the…

1Opinion of the CourtChief Justice White

The sole ground urged for reversal is the invalidity of the assessment (a) because it was not authorized by any statute of the State and (b) because it did not contain a sufficient description of the property assessed, and we come to consider these objections under two headings.(a) That the assessment was authorized by the following section of the Political Code of California we think is clear.

“Section 3647. Property and money in litigation. Money and property in litigation in possession of a county treasurer, of a court, county clerk, or receiver, must be assessed to such treasurer, clerk,…

2Cases cited1 opinion

  1. Bessolo v. City of Los AngelesCalifornia Supreme Court · 1917

3Cited by2 opinions

  1. United States Overseas Airlines v. County of AlamedaCalifornia Court of Appeal · 1965
  2. Payne v. SpeakmanSupreme Court of Oklahoma · 1923

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