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94 Cal. 322

Dear v. Weineke

California Supreme Court

Decided April 11, 1892

California Supreme Court · decided 1892-04-11

<p>Appeal from a judgment of the Superior Court of San Diego County.</p> <p>The facts are stated in the opinion of the court.</p>

Relies on City & County of San Francisco v. Pennie

Good law ✅— No negative treatment on recordhow we know

Decided 1892-04-11

How this case has been cited

Cited by 6 later decisions — most recently July 1974

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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The Court.

¶1This action was brought to recover certain taxes claimed to have been paid under duress, and which it is declared by the appellant were not collectible, by reason of the assessment being invalid.

¶2The individual whose personal property was assessed ■gave a list of it in detail, as lie states in his complaint, the assessor, but that official did not list the property in detail, but made this entry in the assessment-book: 61 Value of personal property, exclusive of money and .solvent credits, $15,725.”

¶3The complaint is demurred to as not stating facts sufficient to constitute a cause of action. The demurrer was sustained, and the plaintiff not desiring to amend his complaint, judgment passed for the defendant, from which the present appeal is prosecuted.

¶4The only question involved is, whether the form of the assessment set out in the assessor’s book was sufficient, under section 3650 of the Political Code; and- that it was sufficient is, in effect, decided in San Francisco v. Pennie, 93 Cal. 465, and upon the authority of that case the judgment must be affirmed.

¶5Judgment affirmed.

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