De Baker v. Carillo

Citations

• 52 Cal. 473

Syllabus

<p>Recovery of Tax Paid under Protest.—If the owner of a lot in a city pays an assessment levied on the same for improving it, which is illegal and void, it will be regarded as a voluntary payment, and he cannot recover it back in an action at law against the officer, even if it was paid under protest after a threatened sale.</p> <p>Recalling a Remittitur.—A remittitur will not be recalled on the ground that before it was issued a petition for a rehearing had been forwarded to the Clerk, but had failed to reach him through excusable neglect, if upon an examination of the petition it appears that a rehearing would not be granted.</p>