# Eby v. Board of School Trustees of Red Bank School District

> California Supreme Court · December 18, 1890 · 87 Cal. 166

URL: https://www.frixlaw.com/law-library/cases/5445000

## Case

- **Full name:** JACKSON EBY v. BOARD OF SCHOOL TRUSTEES OF RED BANK SCHOOL DISTRICT, TEHAMA COUNTY
- **Court:** California Supreme Court
- **Decided:** December 18, 1890
- **Citations:** 87 Cal. 166; 25 P. 240; 1890 Cal. LEXIS 1114
- **Precedential status:** Published
- **Opinion:** Concurrence by Paterson
- **Judges:** Paterson, Works
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5445000

## Opinion text

Paterson J., concurring.
I concur in the judgment. I do not understand that Linden v. Alameda County, 45 Cal. 7 , has been overruled by the decision in any later case, and it seems to me the cases are distinguishable. A tax-payer has an interest “which is distinguishable from that of the mass of the community.” Every citizen has an interest “in the proper discharge of public duties”; but every citizen is not the owner of property taxed for state or municipal purposes.
Thornton, J.—I agree with Mr. Justice Paterson, and concur in the judgment.
Rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5445000. Public record. Not legal advice.