Fall v. Mayor & Common Council of Marysville
California Supreme Court
Appeal from the Tenth District. Suit to enjoin the collection of a tax. The case was made upon an agreed statement of facts, which were: 1st, that the charter of the city of Marysville contained the clause quoted in the opinion of this Court, and to be found in the Act of March 3d, 1857 (Stat. 1857, 40, Art. Ill, sec. 7, subd. 21) ; that an ordinance was passed March, 1857, granting the right to construct a bridge, in pursuance of the statute, to Eaton & Smith—the franchise…
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Appeal from the Tenth District. Suit to enjoin the collection of a tax. The case was made upon an agreed statement of facts, which were: 1st, that the charter of the city of Marysville contained the clause quoted in the opinion of this Court, and to be found in the Act of March 3d, 1857 (Stat. 1857, 40, Art. Ill, sec. 7, subd. 21) ; that an ordinance was passed March, 1857, granting the right to construct a bridge, in pursuance of the statute, to Eaton & Smith—the franchise to last twenty-five years, they to pay the city five per cent, of the gross tolls, and at the end of the term the bridge…
1Opinion of the CourtCope, J.
Baldwin, J. concurring.
This is an action to enjoin the collection of a tax assessed by the defendants upon a bridge within the corporate limits of the city of Marysville. The charter of the city contains a clause in these words : “ The Common Council shall have power within the city to construct a bridge across the Tuba river at the southern extremity of the public plaza, or to authorize the construction upon such terms as to a division of the proceeds from the tolls as may be just, and to regulate the rates of tolls.” The bridge was constructed under the authority of an ordinance passed in…
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