Legal Opinion

The Title & Document Restoration Co. v. Kerrigan

California Supreme Court

Decided December 7, 1906No. S.F. No. 4646PublishedCited by 80 opinions

PETITION for Writ of Mandate to the Superior Court of the City and County of San Francisco. Frank H. Kerrigan, Judge. The facts are stated in the opinion of the court. Garret W. McEnerney, Walter Rothchild, Joseph H. Mayer, Joseph Hutchinson, James S. Hutchinson, Chas. S. Wheeler, Amicus Curiœ, and J. F. Bowie, Van Fleet & Mastick, William H. H. Hart, and Bishop & Hoefler, Amici Curiœ, for Petitioner.

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PETITION for Writ of Mandate to the Superior Court of the City and County of San Francisco. Frank H. Kerrigan, Judge. The facts are stated in the opinion of the court. Garret W. McEnerney, Walter Rothchild, Joseph H. Mayer, Joseph Hutchinson, James S. Hutchinson, Chas. S. Wheeler, Amicus Curiœ, and J. F. Bowie, Van Fleet & Mastick, William H. H. Hart, and Bishop & Hoefler, Amici Curiœ, for Petitioner. The state may, as sovereign over lands situated within it, provide for an adjudication of title, in a proceeding in rem or in the nature of a proceeding in rem, which shall be binding upon all…

1Opinion of the CourtSloss, J.

In June, 1906, the legislature of this state, having been convened in extraordinary session to legislate concerning certain needs developed by the disaster of April 18, 1906, enacted, among other statutes, one entitled “An act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records.”

The present proceeding is an application for a writ of mandate. The petitioner herein filed a complaint, as provided by the act above referred to, and applied to the respondent, judge of the superior court in which its complaint had been filed,…

2Cases cited50 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  3. Wood v. CarpenterSupreme Court of the United States · 1879
  4. Roller v. HollySupreme Court of the United States · 1900
  5. Arndt v. GriggsSupreme Court of the United States · 1890

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

3Cited by80 opinions

  1. Anway v. Grand Rapids Railway Co.Michigan Supreme Court · 1920
  2. McDaniel v. McElvySupreme Court of Florida · 1926
  3. Bennett v. Hibernia BankCalifornia Supreme Court · 1956
  4. Gerhard v. StephensCalifornia Supreme Court · 1968
  5. Suckow v. AldersonCalifornia Supreme Court · 1920

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

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