Legal Opinion

People v. Love

California Supreme Court

Decided July 1, 1864PublishedCited by 21 opinions

Appeal from the District Court, Tenth Judicial District, Yuba County. The judgment in this case, after reciting the amount found due from the principal, which was thirty-one thousand and forty-eight dollars, reads as follows : “It is, therefore, by the Court ordered and adjudged, that the plaintiff in this action have judgment against the said J. E. Galloway, and judgment is hereby ordered in favor of the plaintiff, against the said Galloway in this action, for the sum of…

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Appeal from the District Court, Tenth Judicial District, Yuba County. The judgment in this case, after reciting the amount found due from the principal, which was thirty-one thousand and forty-eight dollars, reads as follows : “It is, therefore, by the Court ordered and adjudged, that the plaintiff in this action have judgment against the said J. E. Galloway, and judgment is hereby ordered in favor of the plaintiff, against the said Galloway in this action, for the sum of fifteen thousand dollars, ($15,000,) and all the plaintiff’s costs in this behalf expended, taxed at $101 45.” Separate…

1Opinion of the Court

By the Court, Sanderson, C. J.

This is an action brought by the District Attorney of Yuba County, in the name of The People of the State of California, upon the official bond of the Tax Collector of that county to recover a certain amount of taxes, part belonging to the State and part to the county, alleged to have been collected by the Tax Collector and not paid over by him .to the County Treasurer, as required by law. The defendants demurred to the complaint upon several grounds, which will be noticed in their order.

1. The objection to the effect that this action should have been brought by…

2Cases cited2 opinions

  1. People v. HartleyCalifornia Supreme Court · 1863
  2. City & County of Sacramento v. DunlapCalifornia Supreme Court · 1859

3Cited by21 opinions

  1. Kurtz v. ForquerCalifornia Supreme Court · 1892
  2. Melander v. Western National BankCalifornia Court of Appeal · 1913
  3. Moreing v. WeberCalifornia Court of Appeal · 1906
  4. Decker v. TrillingWisconsin Supreme Court · 1869
  5. Heppe v. JohnsonCalifornia Supreme Court · 1887

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