Smith v. Mayor & Common Council of Sacramento City
California Supreme Court
Appeal from the Sixth District. The case is sufficiently stated in the opinion. The Court below granted a perpetual injunction against the payment of the fee. Defendants appeal.
1Opinion of the CourtBaldwin, J.
Terry, C. J. concurring.
This was a bill filed by the plaintiff, a tax payer of Sacramento City, to restrain the payment of five thousand dollars, appropriated by the late city authorities to Alpheus Felch, as a fee for contesting before the Supreme Court of the United States, the title of John A. Sutter, to lands within the limits of the city.
Leaving out minor questions, the principal point on which the case turns, is, whether the Common Council had power to pass this ordinance.
The charter authorizes the City Council “to make by-laws and ordinances, not repugnant to the Constitution and laws…
2Cited by20 opinions
- Hornblower v. DudenCalifornia Supreme Court · 1868
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- Clough & Wheat v. HartSupreme Court of Kansas · 1871
- San Bernardino Fire & Police Protective League v. City of San BernardinoCalifornia Court of Appeal · 1962
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