Justice v. Robinson

The action was brought to recover back taxes paid to the defendant, a tax-collector of Orange County, and ex officio tax-collector of Bolsa Drainage District, under protest. The defendant’s demurrer to the complaint was overruled, and thereupon an answer was served and filed. Upon motion by plaintiff certain defenses set up in the answer were stricken out by the court. Thereafter the ease was set for trial, and the parties appearing in court, and a jury being waived, the plaintiff was called as a witness, whereupon defendant objected to the introduction of any evidence, on the ground that the…