Legal Opinion

Roth Drug, Inc. v. Johnson

California Court of Appeal

Decided May 11, 1936No. Civ. 5514PublishedCited by 79 opinions

1Opinion of the CourtThompson, J.

This is an appeal from a judgment which was rendered against the plaintiffs for failure to amend their complaint after a demurrer thereto had been sustained on the ground that it fails to state facts sufficient to constitute a cause of action.

There are 550 plaintiffs who are parties to this action. They are retail merchants doing business in- California. The complaint alleges that they paid under protest sales taxes in the aggregate sum of $61,293.30 to the Treasurer of the State of California, within ninety days from the date of the adoption of the California Retail Sales Tax Act. (Stats.…

2Cases cited29 opinions

  1. Brushaber v. Union Pacific RailroadSupreme Court of the United States · 1916
  2. American Sugar Refining Co. v. LouisianaSupreme Court of the United States · 1900
  3. Quong Wing v. KirkendallSupreme Court of the United States · 1912
  4. Stockdale v. Insurance CompaniesSupreme Court of the United States · 1874
  5. Cook v. Marshall CountySupreme Court of the United States · 1905

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3Cited by79 opinions

  1. Western Lithograph Co. v. State Board of EqualizationCalifornia Supreme Court · 1938
  2. Geiger v. Board of SupervisorsCalifornia Supreme Court · 1957
  3. Delaney v. LoweryCalifornia Supreme Court · 1944
  4. Connecticut Light & Power Co. v. WalshSupreme Court of Connecticut · 1948
  5. Hunt v. Mayor & Council of RiversideCalifornia Supreme Court · 1948

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