Fremont v. Boling
California Supreme Court
Appeal from the Thirteenth District, County of Mariposa. This was a bill for an injunction to prevent the defendant from selling certain property of plaintiff’s for the delinquent tax of 1855. The statement of facts in this case was agreed to, and as disclosed by that agreement, is as follows: In 1855 the plaintiff was the owner of a large tract of land known as “ Las Mariposas.'” In that year, the property was assessed for State and County taxes, and the amount of tax due…
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Appeal from the Thirteenth District, County of Mariposa. This was a bill for an injunction to prevent the defendant from selling certain property of plaintiff’s for the delinquent tax of 1855. The statement of facts in this case was agreed to, and as disclosed by that agreement, is as follows: In 1855 the plaintiff was the owner of a large tract of land known as “ Las Mariposas.'” In that year, the property was assessed for State and County taxes, and the amount of tax due thereon was $8,000. The defendant, Boling, was the Sheriff of Mariposa County, where the land is located, during the…
1Opinion of the Court 1
I. The law does not authorize, and will not tolerate interference in the first instance, and before the time and right of a hearing with the matters and property of persons, either by extraordinary writs or provisional remedies, unless previous indemnity or “ compensation” is given or tendered them. And in attachment, injunction, replevin and other like cases, this indemnity or compensation has been repeatedly decided by Courts to be the bond on which such process is contemplated to be grounded. In this case, the defendant has been restrained and damaged by order of the Court from doing…
Also in this document: Opinion of the Court · Baldwin.
2Cases cited7 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Parker v. BakerNew York Court of Chancery · 1840
- Hall v. LutherNew York Supreme Court · 1835
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Huntington v. Central Pac. R.U.S. Circuit Court for the District of California · 1874
- Stow v. SchiefferlyCalifornia Supreme Court · 1898
- Schaefer v. DinwiddieCalifornia Court of Appeal · 1919
- Hallenbeck v. HahnNebraska Supreme Court · 1873