People v. Reay

California Supreme Court

People v. Reay

52 Cal. 423

CourtCalifornia Supreme Court

DecidedJuly 1, 1877

DocketNo. 4998

StatusPublished

This text of 52 Cal. 423 (People v. Reay) 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

People v. Reay, 52 Cal. 423 (Cal. 1877).

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Opinion

By the Coukt :

The Assistant City and County Attorney had no authority to bring this action until after the Tax Collector had given the thirty days’ notice required by sec. 10 of the Act of April 4th, 1870. The failure to give this notice is a matter which goes to the power of the Assistant City and County Attorney, not to the sufficiency of the complaint or proof, or to the question as to whether any other defenses can be made to the merits than those mentioned in sec. 11 of the same act.

An action commenced before such publication by the Tax Collector was prematurely brought.

Judgment and order reversed and cause remanded.

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By the Coukt :

The Assistant City and County Attorney had no authority to bring this action until after the Tax Collector had given the thirty days’ notice required by sec. 10 of the Act of April 4th, 1870. The failure to give this notice is a matter which goes to the power of the Assistant City and County Attorney, not to the sufficiency of the complaint or proof, or to the question as to whether any other defenses can be made to the merits than those mentioned in sec. 11 of the same act.

An action commenced before such publication by the Tax Collector was prematurely brought.

Judgment and order reversed and cause remanded.

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Bluebook (online)

52 Cal. 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reay-cal-1877.