Symons v. City & County of San Francisco
California Supreme Court
Appeal from a judgment of the Superior Court of the City and County of San Francisco. James M. Troutt, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Upon consideration in Bank the opinion heretofore rendered in department is adhered to and adopted.
A taxpayer is permitted to maintain an action to restrain the improper diversion or use of the public funds, or to compel an official to do some act whose omission would increase his burden as a taxpayer. In both cases the ultimate object is the same—to escape the imposition of an increased taxation, which, except for his right of action, would be by direction or indirection illegally thrust upon him. No such consideration is here presented. It is not made to appear that any additional burden or…
2Cases cited8 opinions
- Eachus v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1894
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- City of East St. Louis v. O'FlynnIllinois Supreme Court · 1887
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1886
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3Cited by24 opinions
- Bacich v. Board of ControlCalifornia Supreme Court · 1943
- Harman v. City and County of San FranciscoCalifornia Supreme Court · 1972
- Brown v. Board of SupervisorsCalifornia Supreme Court · 1899
- Williams v. Los Angeles Ry. Co.California Supreme Court · 1907
- Beals v. City of Los AngelesCalifornia Supreme Court · 1943
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