Smith v. Farrelly
Citations
- 52 Cal. 77
Syllabus
<p>Assessment and Collection of Tax.—If an act creates a district within a county, and authorizes the Supervisors to levy a tax upon the property therein for the purpose of building a bridge, the property within the district cannot be'assessed for the tax by an Assessor elected by the county, nor can the tax be collected by a Collector elected by the county.</p> <p>Tax as Distinguished from; Assessment.—A tax for local improvement levied upon the property within a district created by an act of the Legislature, is not an assessment within the meaning of that term as employed in art. 11, sec. 18, of the Constitution.</p> <p>Protest on Payment of Tax.—It is not necessary for a person paying a tax under protest to state facts in the protest of which the Tax Collector has notice.</p> <p>Tax Paid under Duress.—A tax paid under protest, after the delinquent list comes into the hands of the Tax Collector for collection by sale of property, and after the publication of the delinquent list, is paid under duress.</p>
Cited by
4 cases in this archive cite this case.
- Wheatland v. City of BostonMassachusetts Supreme Judicial Court· 1909-05-22· cited 35×
- State ex rel. McCardy v. NelsonSupreme Court of Minnesota· 1889-06-07· cited 30×
- McHugh v. County of Santa CruzCalifornia Court of Appeal· 1973-07-19· cited 21×
- In re Bullard's EstateCalifornia Supreme Court· 1892-12-08· cited 2×
Cites
7 cases in this archive are cited by this case.
- Taylor v. PalmerCalifornia Supreme Court· 1866-07-01· cited 96×
- Hubbard v. BrainardSupreme Court of Connecticut· 1869-02-15· cited 34×
- People v. HastingsCalifornia Supreme Court· 1866-07-01· cited 25×
- Williams v. CorcoranCalifornia Supreme Court· 1873-07-01· cited 19×
- Meek v. McClureCalifornia Supreme Court· 1875-07-01· cited 18×
- People v. WhylerCalifornia Supreme Court· 1871-07-01· cited 16×
- Mason v. JohnsonCalifornia Supreme Court· 1877-07-01· cited 5×
Sourced from CourtListener / Free Law Project (CC0).
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