Maxwell v. County of San Luis Obispo
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County. The facts are stated in the opinion of the court.
1Opinion of the CourtSharpstein, J.
The only question which we have to consider in this case is, Does the complaint state facts sufficient to constitute a cause of action? The action was brought to recover moneys alleged to have been paid by the assignors of plaintiff to the tax collector of San Luis Obispo County, and by him paid into the treasury of said county.
Such an action may be maintained under some circumstances, one of which is, that the money was paid under compulsion or the legal equivalent.
“ The illegality of the demand paid constitutes, of itself, no ground for relief. There must be, in addition, some compulsion or…
2Cases cited5 opinions
- Brumagim v. TillinghastCalifornia Supreme Court · 1861
- Bucknall v. StoryCalifornia Supreme Court · 1873
- City of Muscatine v. Keokuk Northern Line Packet Co.Supreme Court of Iowa · 1876
- Bank of Santa Rosa v. ChalfantCalifornia Supreme Court · 1877
- Oceanic Steamship Co. v. TappanU.S. Circuit Court for the District of Southern New York · 1879
3Cited by15 opinions
- Southern Service Co. v. County of Los AngelesCalifornia Supreme Court · 1940
- Flynn v. City & County of San FranciscoCalifornia Supreme Court · 1941
- Spencer v. City of Los AngelesCalifornia Supreme Court · 1919
- Phelan v. City & County of San FranciscoCalifornia Supreme Court · 1898
- Hellman v. City of Los AngelesCalifornia Supreme Court · 1905
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