Legal Opinion

Sawyer v. City & County of San Francisco

California Supreme Court

Decided July 1, 1875No. 3845PublishedCited by 11 opinions

Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The city of San Francisco, as the successor of the pueblo of that name, became entitled to, and had confirmed to it, the pueblo lands, consisting of four square leagues. The city, on the 20th day of June, 1855, passed an ordinance relinquishing to the possessors thereof said lands, with certain exceptions.

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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The city of San Francisco, as the successor of the pueblo of that name, became entitled to, and had confirmed to it, the pueblo lands, consisting of four square leagues. The city, on the 20th day of June, 1855, passed an ordinance relinquishing to the possessors thereof said lands, with certain exceptions. The ordinance provided that .the city should have a right to select and set apart from lands west of Larkin street, lots for school-houses, etc., and might lay out and reserve upon said lands public…

1Opinion of the Court

By the Court:

1. The notice of intention to move for a new trial was served in time. The cause had been tried by the court; no written findings had been filed; the decision had been rendered in open court January 3, 1871; notice of intention to move for a new trial was served and filed by the attorney for the city December 31, 1872. The city had the right to give the notice “within ten days after receiving mitten notice * * * of the rendering of the decision of the court.” (Act 1865-6, p. 845, Sec. 6.) Ho notice of the rendering of the decision of the court had been served upon the attorney of…

2Cited by11 opinions

  1. People ex rel. Bryant v. HolladayCalifornia Supreme Court · 1892
  2. Mallory v. SeeCalifornia Supreme Court · 1900
  3. City & County of San Francisco v. BurrCalifornia Supreme Court · 1895
  4. First National Bank v. McCarthySouth Dakota Supreme Court · 1900
  5. City & County of San Francisco v. BradburyCalifornia Supreme Court · 1891

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