City of Sacramento v. National Gold Bank of D. O. Mills & Co.
California Supreme Court Jul 1, 1876 No. No. 5097Published
Synopsis
Pleading.—In an action by a city to recover from a banking corporation a license alleged to be due for carrying on business, an averment in the complaint, that by virtue of an ordinance the defendant was liable to pay a license tax, is not an averment of the existence of an ordinance requiring the defendant to take out a license.
By the Court: The complaint contains no statement of a cause of action. There is no averment therein of any ordinance of the city of Sacramento requiring persons or corporations to take out a license for the transaction of banking business, but only ■ that by virtue of an ordinance the defendant was liable to pay a license tax.
Judgment reversed and cause remanded.
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