Germania Trust Co. v. City & County of San Francisco
California Supreme Court
The facts are stated in the opinion. Garber, Creswell & Garber, and Smith & Pringle, for Appellant. Double taxation is unconstitutional in this state. (Const., art. XIII, sec. 1; Savings etc. Soc. v. Austin, 46 Cal. 483, 495; People v. Hibernia Bank, 51 CaL 243; 21 Am. Rep. 704; Burke v. Badlam, 57 Cal. 600; Spring Valley W. W. v. Schottler, 62 Cal. 112; San Francisco v. Mackey, 21 Fed. Rep. 539; San Francisco v. Anderson, 103 Cal. 69; 42 Am.
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The facts are stated in the opinion. Garber, Creswell & Garber, and Smith & Pringle, for Appellant. Double taxation is unconstitutional in this state. (Const., art. XIII, sec. 1; Savings etc. Soc. v. Austin, 46 Cal. 483, 495; People v. Hibernia Bank, 51 CaL 243; 21 Am. Rep. 704; Burke v. Badlam, 57 Cal. 600; Spring Valley W. W. v. Schottler, 62 Cal. 112; San Francisco v. Mackey, 21 Fed. Rep. 539; San Francisco v. Anderson, 103 Cal. 69; 42 Am. St. Rep. 98; Security Savings etc. Co. v. Hinton, 97 Cal. 222; McHenry v. Downer, 116 Cal. 28.) The constitution exempts from taxation the bonds of…
1Opinion of the Court
BRITT, C.
In this cause the court below held on demurrer to the plaintiff’s complaint that the same failed to state facts sufficient to constitute a cause of action; plaintiff declining to amend, there was final judgment for defendant. The purpose of the action, as disclosed by the complaint, is to recover money paid by plaintiff under protest to the assessor of the city and county as taxes for the fiscal year to end June 30, 1900, upon several bonds owned by plaintiff, of the par value of one thousand dollars each, issued by the Forth Pacific Coast Railroad Company, a corporation owning and…
2Cases cited11 opinions
- People ex rel. Burke v. BadlamCalifornia Supreme Court · 1881
- Mackay v. City & County of San FranciscoCalifornia Supreme Court · 1896
- People v. Hibernia Savings & Loan SocietyCalifornia Supreme Court · 1876
- McHenry v. DownerCalifornia Supreme Court · 1897
- City & County of San Francisco v. AndersonCalifornia Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
- Fox Bakersfield Theatre Corp. v. City of BakersfieldCalifornia Supreme Court · 1950
- People v. ByrneCalifornia Supreme Court · 1911
- Broads v. Mead and CookCalifornia Supreme Court · 1911
- Russell v. CroySupreme Court of Missouri · 1901
6 more not listed; retrieve them via the Exa API.