Angus v. Plum

Decided August 3, 1898

California Supreme Court · decided 1898-08-03

Charles W. Slack, Judge. The action was brought to recover from the defendants, the surviving trustees of the Lick trust, the amount of taxes and penalty for the year 1895 paid by plaintiffs, as executors of the will of James G. Fair, deceased, upon a mortgage of three hundred thousand dollars executed by said Fair to said trustees. The mortgage was paid by plaintiffs after the assessment of the taxes thereupon for 1895.

Cited by 3 later decisions — most recently June 1936

3 state decisions

Relies on San Gabriel Valley Land & Water Co. v. Witmer Bros.

Good law ✅— No negative treatment on recordhow we know

Decided 1898-08-03

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THE COURT.

¶1The judgment in this case must be affirmed on the authority of San Gabriel Co. v. Witmer Co., 96 Cal. 623. The clause of the constitution upon which the rights of parties depend was construed in that case, and the court was very evenly divided. We are now asked to overrule the decision then made, but, whether that decismn was right or wrong, it has been since acted upon, and was acted upon by the parties to this contro*609versy, and we consider that it is protected by the rule of stare decisis.

¶2J udgment affirmed.

¶3Temple, J., dissented.