Garrison v. Tillinghast

California Supreme Court

Garrison v. Tillinghast

18 Cal. 408, 1861 Cal. LEXIS 213

CourtCalifornia Supreme Court

DecidedJuly 1, 1861

DocketNo. 2

StatusPublished

This text of 18 Cal. 408 (Garrison v. Tillinghast) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrison v. Tillinghast, 18 Cal. 408, 1861 Cal. LEXIS 213 (Cal. 1861).

Pincite

Opinion

Field, C. J. delivered the opinion of the Court

Cope, J. concurring.

This is an action to recover of .the defendant, who was formerly Treasurer of the city and county of San Francisco, certain moneys paid to him by the plaintiffs for a license -as passenger brokers, under the Act of March 25th, 1857. The plaintiffs base their claim upon the alleged unconstitutionality of the act in question, and the alleged compulsory character of the payments made by them. It is unnecessary to consider the constitutionality of the act, for, in our judgment, the complaint does not show that the payments were the result of any compulsion or coercion on the part of the defendant. The case is covered by the decision recently rendered in a case bearing the same title, and also in the case of Brumagim v. Tillinghast.

Judgment affirmed.

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Field, C. J. delivered the opinion of the Court

Cope, J. concurring.

This is an action to recover of .the defendant, who was formerly Treasurer of the city and county of San Francisco, certain moneys paid to him by the plaintiffs for a license -as passenger brokers, under the Act of March 25th, 1857. The plaintiffs base their claim upon the alleged unconstitutionality of the act in question, and the alleged compulsory character of the payments made by them. It is unnecessary to consider the constitutionality of the act, for, in our judgment, the complaint does not show that the payments were the result of any compulsion or coercion on the part of the defendant. The case is covered by the decision recently rendered in a case bearing the same title, and also in the case of Brumagim v. Tillinghast.

Judgment affirmed.

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Bluebook (online)

18 Cal. 408, 1861 Cal. LEXIS 213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrison-v-tillinghast-cal-1861.