Opinion

Meyer v. City of San Diego

  • 121 Cal. 102
  • 53 P. 434
  • 1898 Cal. LEXIS 858
Court
California Supreme Court
Filed
May 31, 1898
Status
Published
Author
McFarland
On the bench
Fleet, Henshaw, McFarland
Cited by
32 cases
Authority
More cited than 26.1%

The opinion

McFARLAND, J., concurring.

I concur in the judgment of reversal. I also concur generally in the opinion of Mr. Justice Henshaw, except that I desire a little more pointedly to emphasize the distinction between the case at bar, and a case where a city in which the judge is a taxpayer is a party, and where there is merely a possibility that a judgment against the city might result in an increased levy of taxes, and a judgment in favor of the city might bring about a reduction of taxation. In the Iat *113 ter case—and in others that could be mentioned where a similar principle applies—the interest is too shadowy, indirect, remote, and contingent to be within the rule that a man cannot be a judge in his own case. (See Dallas v. Peacock, 89 Tex. 58 ; Oakland v. Oakland Water Front Co., 118 Cal. 249 , and cases there cited.) But in the case at bar the interest of the judge was not indirect, remote, or contingent; it directly involved the immediate imposition of a special annual tax upon his property to continue for forty years.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.