Legal Opinion

McCabe v. Carpenter

California Supreme Court

Decided May 22, 1894No. 15477PublishedCited by 21 opinions

Appeal from a judgment of the Superior Court of Contra Costa County, and from an order denying a new trial. The facts are stated in the opinion.

1Opinion of the Court

Temple, C.

This action was brought to recover from the defendant, as tax collector, the amount of certain taxes paid under protest.

Certain school districts in Contra Costa county combined to establish a high school under an act of the legislature, entitled “An act to provide for the establishment of high schools in the state of California,” approved March 20, 1891. (Stats. 1891, p. 182.) The plaintiff questions the validity of a tax levied under this law.

It is contended that the law is unconstitutional, in that it authorizes the county superintendent of schools to furnish to the board of…

2Cases cited4 opinions

  1. Hughes v. EwingCalifornia Supreme Court · 1892
  2. Houghton v. AustinCalifornia Supreme Court · 1874
  3. Savings & Loan Society v. AustinCalifornia Supreme Court · 1873
  4. Macklin v. Trustees of Common School DistrictCourt of Appeals of Kentucky · 1889

3Cited by21 opinions

  1. Hopping v. Council of City of RichmondCalifornia Supreme Court · 1915
  2. Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
  3. Hancock v. Board of EducationCalifornia Supreme Court · 1903
  4. Hicks v. Bd. of Supervisors of Orange Cty.California Court of Appeal · 1977
  5. Matter of Application of SchulerCalifornia Supreme Court · 1914

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