City of Stockton v. Dunham
California Supreme Court
Appeal from a judgment for the defendants in the Fifth. District Court of the county of San Joaquin, Booker, J., and from an order denying a new trial in the Superior Court of said county. The following are the portions of the statement bearing upon the error commented on by the Court: The plaintiff offered in evidence the Assessment List referred to in the complaint, and of which the following is a correct copy, etc.
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Appeal from a judgment for the defendants in the Fifth. District Court of the county of San Joaquin, Booker, J., and from an order denying a new trial in the Superior Court of said county. The following are the portions of the statement bearing upon the error commented on by the Court: The plaintiff offered in evidence the Assessment List referred to in the complaint, and of which the following is a correct copy, etc. Plaintiff also offered in evidence the Delinquent List referred to in paragraph xvi of the complaint, which list is attached to said Assessment List and diagram, and is in the…
1Opinion of the Court
The Court:
The assessment in this case, and the allegations of the complaint as to ownership and possession, are the same as in case *611No. 7,218, with the exception that in this case the assessment was to “ S. Dunham or unknown.” That variation, however, makes no difference; the assessment, in either case, did not comply with the statute. (Himmelman v. Steiner, 38 Cal. 175.)
However, when the assessment roll was offered in evidence, and objection to it was made, the Court continued the hearing of the cause; and thereafter, without ruling upon the objection, and without other or further hearing,…
2Cases cited1 opinion
- Himmelmann v. SteinerCalifornia Supreme Court · 1869
3Cited by4 opinions
- Morton Realty Co. v. Big Bend Irrigation & M. Co.Idaho Supreme Court · 1923
- Stanwood v. CarsonCalifornia Supreme Court · 1915
- Gilcrest v. BowenMontana Supreme Court · 1933
- Doe v. AllenCalifornia Court of Appeal · 1905