Legal Opinion

Oscar Heyman Brother v. Bath

California Court of Appeal

Decided July 11, 1922No. Civ. No. 4309PublishedCited by 16 opinions

PROCEEDING in Mandamus to require the levy and collection of a tax sufficient to pay a judgment against a municipality. Writ granted. The facts are stated in the opinion of the court.

1Opinion of the CourtNourse, J.

This is an original proceeding in mandamus to require the respondents, as members of the board of supervisors of the city and county of San Francisco, to take the appropriate proceedings for the levy and collection of a tax sufficient to pay a judgment which the petitioner holds against the said city and county. The judgment involved the legality of a tax previously assessed and paid by petitioner under protest. It was a final determination of the illegality of the tax and of the obligation of the city to make repayment.

In this proceeding the respondents filed a general demurrer and in…

2Cases cited1 opinion

  1. Metropolitan Life Insurance Co. v. DeasyCalifornia Court of Appeal · 1919

3Cited by16 opinions

  1. County of Los Angeles v. ByramCalifornia Supreme Court · 1951
  2. Barker v. State Ex Rel. NapoleonNew Mexico Supreme Court · 1935
  3. City of Saratoga v. HuffCalifornia Court of Appeal · 1972
  4. F & L FARM CO. v. City CouncilCalifornia Court of Appeal · 1998
  5. Chilton v. RolphCalifornia Court of Appeal · 1922

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