Legal Opinion

Smeltzer v. Miller

California Supreme Court

Decided June 5, 1896No. S. F. No. 249PublishedCited by 3 opinions

Appeal from a judgment of the Superior Court of Monterey County and from an order dissolving an injunction. N. A. Dorn, Judge. The facts are stated in the opinion.

1Opinion of the Court

Vanclief, C.

The plaintiff, as a citizen and taxpayer of said county of Monterey, brought this action to enjoin the defendant auditor, perpetually, from drawing his warrant upon the county treasurer in favor of one W. J. Hill for the payment of his claim against the county for having published the delinquent tax list for the year 1894-95, which claim, for the sum of four hundred and sixty-six dollars and sixty-five cents, had been formally allowed by the board of supervisors of that county.

The court sustained a general demurrer to the complaint, dissolved the temporary injunction, and rendered…

2Cases cited4 opinions

  1. Ex parte BenjaminCalifornia Supreme Court · 1884
  2. Mendocino County v. Bank of MendocinoCalifornia Supreme Court · 1890
  3. Journal Publishing Co. v. WhitneyCalifornia Supreme Court · 1893
  4. Times Publishing Co. v. County of AlamedaCalifornia Supreme Court · 1884

3Cited by3 opinions

  1. Stone v. City of Los AngelesCalifornia Court of Appeal · 1931
  2. Smeltzer v. MillerCalifornia Supreme Court · 1899
  3. Harris v. CookCalifornia Supreme Court · 1897

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