Legal Opinion

City of Oakland v. Carpentier

California Supreme Court

Decided July 1, 1863PublishedCited by 12 opinions

Appeal from the Third Judicial District. The facts are stated in the opinion. The case was before this Court at the April Term, 1857, on appeal from an order sustaining a demurrer to the complaint, a report of which will be found in 13 Cal. 540. A trial was subsequently had in the lower Court, resulting in a judgment for the plaintiff, from which the present appeal is taken by defendants.

1Opinion of the CourtField, C. J.

Cope, J. and Norton, J. concurring.

By an act of the Legislature, passed May 4th, 1852, the town *663of Oakland was created a municipal corporation, the corporate powers being vested in a Board of Trustees, consisting of five members, to be elected on the second Monday of May of each year. By the third section of the act the Trustees were clothed with certain powers in relation to wharves, piers, and docks; and with a view to facilitate the construction of wharves and other improvements, the town was invested with the title to lands within the corporate limits lying between high tide and the ship…

2Cited by12 opinions

  1. City of Oakland v. Oakland Water Front Co.California Supreme Court · 1897
  2. Symons v. City & County of San FranciscoCalifornia Supreme Court · 1897
  3. Albertoli v. BranhamCalifornia Supreme Court · 1889
  4. City of Oakland v. HoganCalifornia Court of Appeal · 1940
  5. Goodwin v. GoodwinCalifornia Supreme Court · 1881

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