Legal Opinion

County of San Diego v. Southern Pacific Railroad

California Supreme Court

Decided July 11, 1895No. 18365PublishedCited by 3 opinions

Appeal from a judgment of the Superior Court of San Diego County. W. L. Pierce, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtVan Fleet, J.

Action to recover the amount apportioned to the county of San Diego of the taxes assessed by the state board of equalization for the fiscal year ending June 30, 1888, against the franchise, roadway, roadbed, rails, and rolling-stock of defendant’s railway, a railroad operated in more than one county.

The lower court sustained the demurrer to the complaint, and, plaintiff declining to amend, final judgment was entered against it, from which it appeals.

One of the grounds of demurrer, and the only one that need be noticed, is that plaintiff is not authorized to maintain the action. The action is…

2Cited by3 opinions

  1. Dixon v. DixonCalifornia Supreme Court · 1932
  2. Stampfli v. StampfliCalifornia Court of Appeal · 1921
  3. Burdick v. BurdickCalifornia Court of Appeal · 1928

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