Legal Opinion · Concurrence

De Witt v. Hays

California Supreme Court

Decided October 15, 1852PublishedCited by 29 opinions

Appeal from the Fourth Judicial District. The complaint sets forth a contract made the 13th February, 1851, between the Commissioners of the Sinking Fund of the city of San Francisco, and Roberts and West, by which the said commissioners granted to the said Roberts and West the right to carry out the wharf on Pacific street, to a point designated, and make other improvements in connection therewith, described in the said instrument; and granted to the said Roberts and West…

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Appeal from the Fourth Judicial District. The complaint sets forth a contract made the 13th February, 1851, between the Commissioners of the Sinking Fund of the city of San Francisco, and Roberts and West, by which the said commissioners granted to the said Roberts and West the right to carry out the wharf on Pacific street, to a point designated, and make other improvements in connection therewith, described in the said instrument; and granted to the said Roberts and West the exclusive right to use a certain space described in the agreement, on Pacific street, for anchorage and wharfage of…

1ConcurrenceMurray, Chief Justice

The respondents as trustees of the Pacific Wharf Company, ¡ plaintiffs in the Court below, filed their bill to enjoin the collec-1 tor of taxes from proceeding to sell Pacific wharf for a certain tax assessment made thereon, in the name of Pacific Wharf.

The bill alleges that said assessment is irregular, illegal, and void; and that said sale of the collector of taxes will work an *468irreparable injury, and prays an injunction to restrain the same. A temporary injunction was awarded by the Court.

The defendants afterwards demurred to the bill for want of proper parties, and of jurisdiction in the…

2Cited by29 opinions

  1. Philpott v. Superior CourtCalifornia Supreme Court · 1934
  2. Pacific Gas & Electric Co. v. State Board of EqualizationCalifornia Supreme Court · 1980
  3. Mathews v. SniggsSupreme Court of Oklahoma · 1919
  4. San Pedro, Los Angeles & Salt Lake Railroad v. City of Los AngelesCalifornia Supreme Court · 1919
  5. Hager v. ShindlerCalifornia Supreme Court · 1865

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