City and County of San Francisco v. Ford
California Supreme Court
Application to the Supreme Court for writ of mandate to compel the defendant, who was Tax Collector of the City and County of San Francisco, to pay into the City and County Treasury money which he had collected in his official capacity.
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Application to the Supreme Court for writ of mandate to compel the defendant, who was Tax Collector of the City and County of San Francisco, to pay into the City and County Treasury money which he had collected in his official capacity. The application for the writ was made on the 18th day of December, 1876. The defendant had been Tax Collector since the 6th day of December, 1875, and had in his hands the sum of sixty thousand nine hundred and seventeen and ninety-one one hundredths dollars belonging to the City and County, and the sum of thirty-seven thousand one hundred and eighty-eight and…
1Opinion of the Court
By the Court :
The answer admits that the money remaining in the hands of the respondent was collected and received by him in his official capacity as Tax Collector, as and for taxes due the City and County of San Francisco, and that he has refused to pay the same to the Treasurer. The only reason assigned for the refusal is that the taxes were paid under written protest, copies of which are annexed to the answer. The taxes were paid before they had become delinquent, and it is stated in the protests that they were paid “ to avoid the penalty advertised to attach for delinquency, and to avoid…
2Cases cited1 opinion
- People ex rel. Love v. AustinCalifornia Supreme Court · 1873
3Cited by6 opinions
- Phelan v. City & County of San FranciscoCalifornia Supreme Court · 1898
- County of San Diego v. CroghanCalifornia Court of Appeal · 1934
- American Bonding Co. v. PeopleSupreme Court of Colorado · 1912
- People v. WeinekeCalifornia Supreme Court · 1898
- Hamer v. Weber CountyUtah Supreme Court · 1894
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