Summary
In Hayes v. Hogan, 5 Cal. 241, an illegal tax having been levied at the tax sale, the owner bought his own land " to prevent a cloud upon the title, and then brought an action against the Tax Collector to recover back the money."
Summary of this case from Wills v. AustinOpinion
Rehearing Granted 5 Cal. 241 at 243.
Appeal from the District Court of the Third Judicial District, Alameda County.
COUNSEL:
Campbell, Taylor & Beckh, for Appellants.
No briefs on file.
E. R. Carpentier, for Respondent, cited 2 Kent's Com. 293; Kyd on Corp. 401; Williams v. Lunenburgh, 21 Pick. 75; Pond v. Negus , 3 Mass. 230; Saxton v. Nims, 14 Ibid. 315; Loring v. Bridge, 9 Ibid. 124; Easton v. Callendar, 11 Wend. 91; Henderson v. Brown, 1 Caines, 92; Glass Co. v. The City of Boston, 4 Met. 181; Preston v. The City of Boston, 12 Pick. 7.
JUDGES: Heydenfeldt, J., delivered the opinion of the Court. Murray, C. J., concurred.
OPINION
HEYDENFELDT, Judge
A rehearing was granted the respondent, when after a reargument of the case, Heydenfeldt, J., at the October Term, delivered the following opinion, in which Murray, C. J., concurred:
After a reargument and a full consideration we are obliged to adhere to the judgment heretofore rendered in this case. The authority given to incorporated towns in the Common School Act, " to provide by ordinance for the collection, custody, and disbursement of the moneys thus raised, by the city tax for school purposes," must be subject to the general law of incorporation referred to in our first opinion, which requires the taxes to be sued for in any Court of competent jurisdiction.
Judgment reversed, and cause remanded.