San Bernardino County v. Southern Pacific R. Co.
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118 U.S. 417 (1886)
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U.S. Supreme Court
San Bernardino County v. Southern Pacific R. Co., 118 U.S. 417 (1886)
San Bernardino County v. Southern Pacific Railroad Company
Argued January 27-29, 1886
Decided May 10, 1886
118 U.S. 417
This case differs from Santa Clara County v. Southern Pacific Railroad Company, ante 118 U. S. 394, only in this, that after entry of judgment, defendant below paid the taxes claimed under a stipulation that the payment should be "without prejudice to the right of the plaintiff in the case to proceed for penalties, interest, and attorney's fees claimed." Held that as the plaintiff would not have been entitled to judgment for the taxes originally claimed, it could not have judgment in its favor for penalty, interest, and attorney's fees.
The case is stated in the opinion of the Court.