Legal Opinion

City of Santa Barbara v. Stearns

California Supreme Court

Decided July 1, 1876No. 4836PublishedCited by 5 opinions

Appeal from the County Court, County of Santa Barbara. On the 16th day of July, 1874, the Board of Trustees of the City of Santa Barbara passed the following ordinance: “Section 1. Licenses to take tolls on wharves within the city limits shall be issued for one year, and the owner, proprietor or manager of each wharf on which tolls are taken, or wharfage is collected, shall procure from the city collector, on or before the twentieth day of July of each year, a ‘Wharf…

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Appeal from the County Court, County of Santa Barbara. On the 16th day of July, 1874, the Board of Trustees of the City of Santa Barbara passed the following ordinance: “Section 1. Licenses to take tolls on wharves within the city limits shall be issued for one year, and the owner, proprietor or manager of each wharf on which tolls are taken, or wharfage is collected, shall procure from the city collector, on or before the twentieth day of July of each year, a ‘Wharf License,’ for which he shall pay the sum of fifty dollars per annum.’’ The defendant was the owner of a wharf in the city, and…

1Opinion of the Court

By the Court:

Action to recover the amount alleged to be due from the defendant for a wharf license, according to the provisions of an ordinance of said city.

The Police Court has jurisdiction of all proceedings for the violation of any ordinance of the city. ' (Pol. Code, sec. 4427.)

It is provided by section 933, Code of Civil Procedure, that “all proceedings in civil actions in Police Courts must, except as in this title otherwise provided, -be conducted in the same manner as civil actions in Justices’ Courts.

*501It appears by the answer in this case,- verified by the oath of the defendant, that…

2Cases cited7 opinions

  1. Taylor v. PalmerCalifornia Supreme Court · 1866
  2. Emery v. San Francisco Gas Co.California Supreme Court · 1865
  3. People v. ColemanCalifornia Supreme Court · 1854
  4. Emery v. BradfordCalifornia Supreme Court · 1865
  5. City and County of Sacramento v. CrockerCalifornia Supreme Court · 1860

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State ex rel. Toi v. FrenchMontana Supreme Court · 1895
  2. City of Santa Barbara v. EldredCalifornia Supreme Court · 1892
  3. Pauley v. CaliforniaCourt of Appeals for the Ninth Circuit · 1934
  4. Johnson v. EricksonNorth Dakota Supreme Court · 1905
  5. In re DixonNevada Supreme Court · 1916

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