People v. Thomason

California Supreme Court

People v. Thomason

2 Cal. Unrep. 69

CourtCalifornia Supreme Court

DecidedDecember 30, 1879

DocketNo. 6166

StatusPublished

This text of 2 Cal. Unrep. 69 (People v. Thomason) 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. Thomason, 2 Cal. Unrep. 69 (Cal. 1879).

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Opinion

By the COURT.

The demurrer to the complaint ought to have been sustained. The complaint does not aver that at the time of the assessment, or afterward, the assessor demanded of the defendant the statement required by the first section of the act of March, 1874 (Stats. 1873-74, p. 376). Unless such demand was made, the defendant was not in default, whether he had then determined to remove the sheep to another county or subsequently decided on such removal: People v. Shippee, 53 Cal. 675.

[70]*70'Judgment reversed and cause remanded, with an order to the court below to sustain the demurrer to the complaint. Remittitur forthwith.'

Note.—Five other cases—No. 6168, People v. Ramsey; No. 6167, People v. Delaney; No. 6169, People v. Ferry; No. 6164, People v. Dickenson; and No. 6165, People v. McKinney— were decided in the same way upon the authority of the People v. Shippee, 53 Cal. 675.

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By the COURT.

The demurrer to the complaint ought to have been sustained. The complaint does not aver that at the time of the assessment, or afterward, the assessor demanded of the defendant the statement required by the first section of the act of March, 1874 (Stats. 1873-74, p. 376). Unless such demand was made, the defendant was not in default, whether he had then determined to remove the sheep to another county or subsequently decided on such removal: People v. Shippee, 53 Cal. 675.

[70]*70'Judgment reversed and cause remanded, with an order to the court below to sustain the demurrer to the complaint. Remittitur forthwith.'

Note.—Five other cases—No. 6168, People v. Ramsey; No. 6167, People v. Delaney; No. 6169, People v. Ferry; No. 6164, People v. Dickenson; and No. 6165, People v. McKinney— were decided in the same way upon the authority of the People v. Shippee, 53 Cal. 675.

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Bluebook (online)

2 Cal. Unrep. 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-thomason-cal-1879.

Opinion

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