Legal Opinion

Witt v. City of San Francisco

California Supreme Court

Decided July 15, 1852PublishedCited by 33 opinions

Appeal from the District Court of the Fourth Judicial District. The complaint stated that the plaintiffs are tax-payers, &c., of the city of San Francisco; and that at a meeting of the common council of said city on the 4th June, 1852, an ordinance was passed, No. 234, authorizing the purchase in connection with the county of San Francisco, of the Jenny Lind Theatre and Parker House property, for city and county purposes—the ordinance specifying the púrpose- to be to-convert…

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Appeal from the District Court of the Fourth Judicial District. The complaint stated that the plaintiffs are tax-payers, &c., of the city of San Francisco; and that at a meeting of the common council of said city on the 4th June, 1852, an ordinance was passed, No. 234, authorizing the purchase in connection with the county of San Francisco, of the Jenny Lind Theatre and Parker House property, for city and county purposes—the ordinance specifying the púrpose- to be to-convert the same into a .City Hall; and the surveyor of the city, with the judiciary committee of both boards of aldermen, were…

1Opinion of the Court

Wells, Justice, and Anderson, Justice,

delivered each an opinion.

Wells, Justice.

This case comes before us on an appeal from an order of the District Court of the Fourth Judicial District, denying a motion to dissolve an injunction issued out of that Court, restraining the defendants from completing an alleged *295contemplated purchase of certain property for the use of the county of San Francisco; and the principal question involved in the controversy is, whether the board of supervisors of said county are invested by law, with power to purchase for the county such real estate as the complaint in…

2Cases cited1 opinion

  1. New-York & Sharon Canal Co., & Sharon Canal Co. v. Fulton BankNew York Supreme Court · 1831

3Cited by33 opinions

  1. Siberell v. SiberellCalifornia Supreme Court · 1932
  2. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  3. Tenhet v. BoswellCalifornia Supreme Court · 1976
  4. In Re Estate of HarrisCalifornia Supreme Court · 1915
  5. Welfare Rights Organization v. CrisanCalifornia Supreme Court · 1983

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