Legal Opinion · Concurrence

Higgins v. City of San Diego

California Supreme Court

Decided October 9, 1897No. 19459Published

APPEAL from a judgment of tlie Superior Court of San Diego County. J. W. McKinley, Judge. Tbe facts are stated in tbe opinion of tbe court.

1ConcurrenceBeatty, C. J.

On a former hearing of this cause, the judgment in favor of the city of San Diego was reversed, with directions to the superior court to enter judgment in favor of the water company for the reasonable value of the use of its distributing plant, etc., said judgment to be made payable only out of the revenues of those fiscal years during *530which the city held possession of the plant. The direction that the judgment should be entered" in this specific form was based upon the decision of Department One of this court in Weaver v. San Francisco, 111 Cal. 319, and the apparent acceptance of the…

2Cases cited17 opinions

  1. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  2. Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
  3. McBean v. City of FresnoCalifornia Supreme Court · 1896
  4. Moore v. . MayorNew York Court of Appeals · 1878
  5. San Francisco Gas Co. v. City of San FranciscoCalifornia Supreme Court · 1858

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