Legal Opinion

Koppikus v. State Capitol Comm'rs

California Supreme Court

Decided July 1, 1860PublishedCited by 62 opinions

Writ of Error to the Sixth District Judge. Proceedings to condemn, for the use of the State, certain lots of ground, under the Act of March 29th, 1860, to provide for the construction of the State Capitol in the city of Sacramento. The proceedings were commenced by a petition, as follows : Notice to Property Owners.

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Writ of Error to the Sixth District Judge. Proceedings to condemn, for the use of the State, certain lots of ground, under the Act of March 29th, 1860, to provide for the construction of the State Capitol in the city of Sacramento. The proceedings were commenced by a petition, as follows : Notice to Property Owners. “To the Hon. John H. McKune, District Judge for the Sixth Judicial District, county of Sacramento, State of California—John G. Downey, Acting Governor; Johnson Price, Secretary of State; Thomas Findley, State Treasurer; A. C. Monsoii and Alfred Redington, by Thomas H. Williams,…

1Opinion of the CourtField, C. J.

Baldwin, J. and Cope, J. concurring.

The plaintiff in error bases his objections to the action of the District Judge upon the alleged unconstitutionality of the Act of March 29 th, 1860, providing for the construction of the State Capitol in the city of Sacramento, and the alleged error of the Judge, in his refusal to set aside the award of the Commissioners, fixing the compensation to be made to the plaintiff, as owner of a parcel of the land intended for the site of the capítol.

*2531. The unconstitutionality of the act is asserted on two grounds: first, that it creates an indebtedness or…

2Cases cited3 opinions

  1. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  2. State v. McCauleyCalifornia Supreme Court · 1860
  3. Nougues v. DouglassCalifornia Supreme Court · 1857

3Cited by62 opinions

  1. Shawn Garfield Price v. Superior CourtCalifornia Supreme Court · 2001
  2. Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
  3. McBean v. City of FresnoCalifornia Supreme Court · 1896
  4. People v. PowellCalifornia Supreme Court · 1891
  5. In Re the Guardianship of CoburnCalifornia Supreme Court · 1913

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