Oakland Paving Co. v. Tompkins
California Supreme Court
Appeal from a judgment of the Superior Court of Alameda County. The proceeding was for a writ of mandate to compel the city marshal of the city of Oakland to enter into and execute a certain contract for street work in the city of Oakland. It was stipulated between the parties that all the requirements prescribed by the special street laws of Oakland before 1880, and by the general street act of March 18, 1885, had been complied with.
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Appeal from a judgment of the Superior Court of Alameda County. The proceeding was for a writ of mandate to compel the city marshal of the city of Oakland to enter into and execute a certain contract for street work in the city of Oakland. It was stipulated between the parties that all the requirements prescribed by the special street laws of Oakland before 1880, and by the general street act of March 18, 1885, had been complied with. Neither of these acts made any provision for levying, collecting, and paying into the city treasury an assessment previous to the making of a contract for…
1Opinion of the CourtTemple, J.
This case arises from a street assessment in Oakland. The only question submitted is, whether, the constitutional amendment No. 1, ratified by the electors at the general election in 1884', being an amendment to section 19, article 11, was proposed by the legislature as required by section 1, article 18, of the constitution. That section provides that amendments may “be proposed in the senate and assembly, and if two thirds of all the members elected to each of the two houses shall vote in favor thereof, such proposed amendment or amendments shall be entered in the journals, with the yeas and…
2Cases cited2 opinions
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- People v. StrotherCalifornia Supreme Court · 1885
3Cited by26 opinions
- Browne v. City of New YorkNew York Court of Appeals · 1925
- Cudihee v. PhelpsWashington Supreme Court · 1913
- State ex rel. Adams v. HerriedSouth Dakota Supreme Court · 1897
- Boyd v. OlcottOregon Supreme Court · 1921
- West v. StateSupreme Court of Florida · 1905
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