People v. Flint, Irvine & Co.
People v. Flint, Irvine & Co.
Opinion of the Court
delivered the opinion of the Court.
The property is described in the assessment roll as follows :
“81,160 acres grazing land, value.............$32,464
18,193
$50,657
And 200 acres of grain land, value $10,000, on the San Joaquin, Santiago de Loneas, and Santa Ana ranches, in Los Angeles County. Improvements on the San Joaquin ranch, $1,000.” The description is vague, indefinite and uncertain, and insufficient to designate any parcel of land. It is impossible to say whether the whole, or a part, or, if a part, what part, of either of those ranches, was intended to be assessed to the defendants. (See People v. Pico, 20 Cal. 596; People v. Mariposa Company, 31 Cal. 198.)
The complaint of the District Attorney, filed with the Board of Equalization, is insufficient, under the authority of People v. Reynolds (28 Cal. 111), to give the Board jurisdiction to increase the assessment. He “complains of the assessment set opposite to each name thereon [the assessment list], and prays the Board to hear evidence in each and
Judgment reversed and cause remanded.
Reference
- Full Case Name
- THE PEOPLE OF THE STATE OF CALIFORNIA v. FLINT, IRVINE & CO.
- Syllabus
- Assessment Roll.—Insufficient Descbiption of Pbopebty.—A description of property in an assessment roll which is so vague, indefinite, and uncertain as to render it impossible to determine whether the whole or -a part, or if a part, what part of the land was intended to be assessed to the person named therein, is insufficient. Idem. — Complaint of the Disteict Attobney Befobe the Boabd of Equalization.—A complaint of a District Attorney filed with the Board of Equalization ' which “complains of the assessment set opposite each name on the assessment\ list and prays the Board to hear evidence m each and every case