Legal Opinion

San Diego Land & Town Co. v. La Presa School District

California Supreme Court

Decided September 10, 1898No. L. A. No. 394PublishedCited by 12 opinions

APPEAL from a judgment of the Superior Court of San Diego County and from an order denying a new trial. George Puterbaugh, Judge. The facts are stated in the opinion.

1Opinion of the Court

CHIPMAN, C.

Action to recover five hundred and twenty-five dollars claimed to have been paid by plaintiff and received by defendant as special school tax under a mistake of fact. At the close of plaintiff's evidence the court gave judgment of non-*99suit for defendant, from which and from an order denying motion for new trial plaintiff appeals.

It appeared from the evidence that “Sweetwater dam—that is, the masonry structure, the retaining wall—is not, nor has it ever been, within La Presa school district .... and is not on tract G,’ Jamacha ranch.” But it appeared that “a portion of tract *G,’…

2Cases cited8 opinions

  1. Brumagim v. TillinghastCalifornia Supreme Court · 1861
  2. City of Indianapolis v. McAvoyIndiana Supreme Court · 1882
  3. Lafayette & Indianapolis Railroad v. PattisonIndiana Supreme Court · 1872
  4. Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
  5. Diefenthaler v. Mayor of New YorkNew York Court of Appeals · 1888

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3Cited by12 opinions

  1. Southern Service Co. v. County of Los AngelesCalifornia Supreme Court · 1940
  2. Stewart Law & Collection Co. v. County of AlamedaCalifornia Supreme Court · 1904
  3. Pitt v. Town of StamfordSupreme Court of Connecticut · 1933
  4. E. A. Stephens & Co. v. Board of EqualizationSupreme Court of Colorado · 1939
  5. Maricopa County v. Arizona Citrus Land Co.Arizona Supreme Court · 1940

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