People v. Whartenby
Citations
- 38 Cal. 461
Syllabus
<p>Double Taxation.—The levying a tax upon money at interest, as well as upon the property mortgaged to secure it, does not present a case of double taxation aa against the mortgagee.</p> <p>Covenant by the Mortgagor to Pay the Taxes on the Debt—The State is not bound by the stipulation between the mortgagor and the mortgagee that the former shall pay all the taxes levied on the mortgaged debt.</p> <p>Taxation of Money at Intekest Secübed by Mortgage.— By the provisions of the Revenue Act it is the “money at interest” which is subject to be taxed, and not the mortgage, as such.</p> <p>County in which Money at Interest is to be Taxed.—Money at interest is to be taxed in the county in which the creditor resides.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “[T]o permit a judgment creditor to proceed to collect its judgment by garnishment, during the time permitted by law for the executor to marshal the assets of the estate and determine the claims against the estate, would be to vitiate the priority set forth in such Code section.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Ceockett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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.