Legal Opinion

Talcott v. Bd. of State Harbor Comm'rs

California Supreme Court

Decided July 1, 1878No. 6194PublishedCited by 6 opinions

Appeal from the District Court of the Nineteenth Judicial District, City and County of San Francisco. The defendants were the members of the State Harbor Commission. The case was submitted upon an agreed statement of facts, which appear sufficiently in the opinion of the Court. The writ was granted, and the defendants appealed.

1Opinion of the Court

By the Court :

The Act of March 8th, 1878, provides that the State Board of Harbor Commissioners “ are authorized to adjust, audit, and pay, out of the Harbor Improvement Fund,” such amount as Talcott and Onderdonk may equitably be entitled to, for certain work and materials mentioned in the act. It is not expressly stated in the agreed case that the Board had adjusted and audited the claim, nor that it had refused so to do, but it is claimed that the extract from the proceedings of the Board (whereby it appears that upon a vote being taken for the payment of the bill of the claimants, two of…

2Cited by6 opinions

  1. People v. ClappCalifornia Supreme Court · 1944
  2. Cohn v. IsenseeCalifornia Court of Appeal · 1920
  3. State Ex Rel. School District No. 29 v. CooneyMontana Supreme Court · 1936
  4. Chappell v. Lancaster CountyNebraska Supreme Court · 1909
  5. Imperial County v. GareyCalifornia Court of Appeal · 1923

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