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· 5/10/1893

California v. San Pablo & Tulare Railroad

Citations

  • 149 U.S. 308
  • 13 S. Ct. 876
  • 37 L. Ed. 747
  • 1893 U.S. LEXIS 2304

Syllabus

<p>If, pending a writ of error to reverse a judgment for the defendant in an action by a State to recover sums of money for taxes, the defendant offers to the plaintiff, and deposits in a bank to its credit, the amount of those-sums, with penalties, interest and costs, which by a statute of the State have the same effect as actual payment and receipt of the money, the-writ of error must be dismissed.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that there was no cause of action because the plaintiff had obtained everything that it could recover
  • finding that the dispute was resolved by “the offer to pay all [] sums, and the deposit of money in a bank, which by a statute of the state have the same effect as actual payment and receipt of the money” (emphases added)
  • stating “there can be no doubt that this writ of error must be dismissed, because the cause of action has ceased to exist”
  • finding that the 7 dispute was resolved by ʺthe offer to pay all [] sums, and the deposit of money in 8 a bank, which by a statute of the state have the same effect as actual payment and 9 receipt of the moneyʺ (emphases added)
  • “The duty of this court, as of every judicial tribunal, is limited to determining rights of persons . . . which are actually controverted in the particular case before it.”
  • “The duty of this court, as of every judicial tribunal, is limited to determining rights of persons . . . which are actually controverted in the particular case before it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gray

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.