Guy v. Hermance
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was an appeal from an order granting an injunction restraining the defendants from selling certain property in the City of San Francisco. On the 18th day of May, 1853, the Legislature of California passed an Act entitled, “ An act to provide for the sale of the interest of the State of California, in the property within the water line front of the City of San Francisco.”
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Appeal from the Superior Court of the City of San Francisco. This was an appeal from an order granting an injunction restraining the defendants from selling certain property in the City of San Francisco. On the 18th day of May, 1853, the Legislature of California passed an Act entitled, “ An act to provide for the sale of the interest of the State of California, in the property within the water line front of the City of San Francisco.” The defendants, in pursuance with the terms of the Act, were duly appointed Commissioners, to examine into, and make sale of such interest; and as such,…
1Opinion of the CourtHeydenfeldt, J.
Murray, C. J., concurred.
1. The right of the State to lands under water where the tide ebbs and flows, is founded upon her sovereign control over the easement, or right of navigation. Where, therefore, the easement is destroyed, the right of the State ceases, except to prosecute for perpresture, and have the easement restored.
2. The Legislature cannot exercise judicial functions, and therefore cannot except one case, or one party, from the operation of a. general rule of law, either as to right or remedy. That portion therefore of the Act of May, 1853, entitled, “ An Act to provide for the…
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