City of Santa Barbara v. Eldred
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Barbara County and from an order denying a new trial. W. B. Cope, Judge. The facts are stated in the opinion of the court rendered upon the former appeal, reported in 95 Cal. 378, and in the opinion of the court rendered upon this appeal.
1Opinion of the CourtTemple, J.
This is the second appeal in this case (see 95 Cal. 378), and is taken from the judgment and from a refusal of a new trial.
The action was brought to collect a municipal tax, and to the complaint a general demurrer was interposed. It was overruled, and defendant answered. He now specifies a great many alleged defects in the complaint. Many of them are, in effect, that the complaint is ambiguous or uncertain. Such objections cannot be reached on general demurrer. Nor can the other objections, which merely amount to criticisms upon the *298sufficiency of the statement, as that the essential facts…
2Cases cited1 opinion
- City of Santa Barbara v. EldredCalifornia Supreme Court · 1892
3Cited by19 opinions
- Spreckels v. GorrillCalifornia Supreme Court · 1907
- Barber v. MulfordCalifornia Supreme Court · 1897
- Weber v. LewisNorth Dakota Supreme Court · 1910
- Cullinan v. Mercantile Trust Co.California Court of Appeal · 1926
- Harvey v. City of HoltvilleCalifornia Court of Appeal · 1969
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