Appeal of S. O. Houghton
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. This was a proceeding under the provisions of an Act of the Legislature, entitled “An Act to authorize the Board of Supervisors of the City and County of San Francisco to modify the grades of certain streets,” approved March 30th, 1868 (Stats. 1867-8, p. 594), and an Act amendatory thereof, approved February 1st, 1870 (Stats. 1869-70, p. 41). After the grading had been done, the Commissioners appointed by…
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Appeal from the County Court of the City and County of San Francisco. This was a proceeding under the provisions of an Act of the Legislature, entitled “An Act to authorize the Board of Supervisors of the City and County of San Francisco to modify the grades of certain streets,” approved March 30th, 1868 (Stats. 1867-8, p. 594), and an Act amendatory thereof, approved February 1st, 1870 (Stats. 1869-70, p. 41). After the grading had been done, the Commissioners appointed by the Board of Supervisors heard the evidence of the parties interested, and submitted their report to the County Court,…
1DissentRhodes, C. J.
The question presented is, whether an appeal lies to this Court from the judgment of the County Court confirming the report of the Commissioners. The appellate jurisdiction of the Court extends to all “cases” in equity, also to all “cases” at law which involve the title or possession of real estate, or the legality, of any tax, etc. The former Constitution conferred upon the Supreme Court appellate jurisdiction in all “ cases ” where the matter in dispute exceeded two hundred dollars, and when the legality of any tax, etc., was in question. By that Constitution (Art. VI, Sec. 9) original…
2Cases cited15 opinions
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