Phelan v. City & County of San Franciso
California Supreme Court
Appeal from the Twelfth Judicial District. The main facts out of which this case has arisen are stated in the report of the case of Burgoyne v. The Supervisors of San Francisco (5 Cal. 9). The plaintiff is the assignee of one of the warrants there mentioned, and after the decision of that case, which was adverse to the legal rights of the holders of the warrants to recover against the county, commenced this action in the Superior Court of the City of San Francisco, asking…
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Appeal from the Twelfth Judicial District. The main facts out of which this case has arisen are stated in the report of the case of Burgoyne v. The Supervisors of San Francisco (5 Cal. 9). The plaintiff is the assignee of one of the warrants there mentioned, and after the decision of that case, which was adverse to the legal rights of the holders of the warrants to recover against the county, commenced this action in the Superior Court of the City of San Francisco, asking judgment for the amount claimed, upon the alleged ground that the purchase by the Court of Sessions had been subsequently…
1Opinion of the CourtField, C. J.
This case grows out of the alleged purchase by the Court of Sessions of San Francisco county, in 1850, of a tract of land situated in the city of San Francisco, as a site for the buildings of the county. The purchase was the subject of elaborate consideration by this Court in Burgoyne v. The Board of Supervisors of San Francisco, (5 Cal. 9) which was an action brought upon the warrants for the payment of the purchase money. It was there held that the Legislature was incompetent to confer upon the Court of Sessions other than judicial functions, and that the jurisdiction of that Court was…
2Cases cited4 opinions
- Davidson v. DallasCalifornia Supreme Court · 1860
- Burgoyne v. Board of SupervisorsCalifornia Supreme Court · 1855
- Hardenburgh v. Kidd, Marsh, & ReedCalifornia Supreme Court · 1858
- Phelan v. County of San FranciscoCalifornia Supreme Court · 1856
3Cited by22 opinions
- Estate of BairdCalifornia Supreme Court · 1924
- Dodge v. GaylordIndiana Supreme Court · 1876
- Leese v. ClarkCalifornia Supreme Court · 1862
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Balch v. HaasCourt of Appeals for the Eighth Circuit · 1896
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