Legal Opinion

People v. Hagar

California Supreme Court

Decided July 1, 1877No. 4891PublishedCited by 1 opinion

Appeal from the District Court, Tenth Judicial District,. County of Colusa. Action to recover certain assessments which had been levied' on Reclamation District No. 108, of swamp and overflowed land. The plaintiff recovered judgment, and thereupon filed a memorandum of costs, which included the sum of $1,498.85 as District Attorney’s fees—being fifteen per cent, on the judgment. The action had been prosecuted by A. L. Hart, the District Attorney, assisted by Wm.

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Appeal from the District Court, Tenth Judicial District,. County of Colusa. Action to recover certain assessments which had been levied' on Reclamation District No. 108, of swamp and overflowed land. The plaintiff recovered judgment, and thereupon filed a memorandum of costs, which included the sum of $1,498.85 as District Attorney’s fees—being fifteen per cent, on the judgment. The action had been prosecuted by A. L. Hart, the District Attorney, assisted by Wm. Blanding and S. W. Sanderson. The Court, on motion of the defendants, struck the item of District Attorney’s fees from the judgment.…

1Opinion of the Court

The thirty-fifth section of the Act of the Legislature of 28th March, 1868, entitled “An Act to provide for the management and sale of the lands belonging to the State,” (Stats. 1868, p. 516) provides that if the delinquent assessments in reclamation districts be not paid, “ the District Attorney shall proceed at once against all delinquents, in the same manner as is provided by law for the collection of State and county taxes, and all costs shall be collected of said delinquents.”

The law referred to is “An Act to provide revenue for the support of the Government of the State,” approved 17th…

2Cases cited5 opinions

  1. Waters v. WatersSupreme Court of Missouri · 1872
  2. Fairbanks v. WitterWisconsin Supreme Court · 1864
  3. City of Oakland v. WhippleCalifornia Supreme Court · 1872
  4. Williams v. MacDougallCalifornia Supreme Court · 1870
  5. Howell v. ScogginsCalifornia Supreme Court · 1874

3Cited by1 opinion

  1. Vaca Valley & Clear Lake Railroad v. MansfieldCalifornia Supreme Court · 1890

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