Mackay v. City & County of San Francisco

Citations

• 113 Cal. 392
• 45 P. 696
• 1896 Cal. LEXIS 801

Syllabus

<p>Taxation—Railroad Bonds—Mortgage or Property out or State.— Railroad bonds which are held in this state by the owner have their situs here and are taxable in this state, notwithstanding they are secured by mortgage of railroad property situated out of the state.</p> <p>Id.—Situs or Credits—Domicile or Creditor. —Credits have their situs at the domicile of the creditor, and are taxable at the place of his domicile, nor is the debt for purposes of taxation affected by the fact that it is secured by mortgage of property situated in another state.</p> <p>Id.—Constitutional Law—Exemption rrom Taxation.—Where the constitution requires the taxation of bonds, it is not in the power of the legislature to exempt them.</p> <p>Id.—Illegal Part or Tax—Penalty ror Delinquency—Raise or Assessment by State Board—Recovery Back or Payment. — Where the legal part of a tax cannot be separated from the illegal part, both the illegal tax and the whole of the penalty paid for delinquency may be recovered if paid under protest, but when the illegal part of the tax consists of an illegal raise by the state board of taxes upon bonds above their face value, there is no difficulty in ascertaining and tendering the amount legally assessed thereupon, and in such case there can he no recovery of penalty except upon the illegal part of the tax, where there was no tender of the legal part of the tax prior to delinquency.</p>