Legal Opinion

Mason v. Austin

California Supreme Court

Decided July 1, 1873No. 3,777PublishedCited by 6 opinions

Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The “ outside ” lands, so called, in the City and County of San Francisco, lie between the corporate limits of the City of San Francisco, as defined by the Act to reincorpórate said city, passed April 15th, 1851, and the Act to consolidate the government of the City and County of San Francisco, passed April 19th, 1856, and the Acts amendatory thereof.

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Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The “ outside ” lands, so called, in the City and County of San Francisco, lie between the corporate limits of the City of San Francisco, as defined by the Act to reincorpórate said city, passed April 15th, 1851, and the Act to consolidate the government of the City and County of San Francisco, passed April 19th, 1856, and the Acts amendatory thereof. These lands were confirmed to the city and county by Act of Congress, passed March 8th, 1866. On the 14th of January, 1868, the Board of…

1Opinion of the Court

By the Court:

The plaintiff sued to recover the money which he had paid to the defendant, under protest, for assessments levied upon outside lands, under Order Number Eight Hundred, of the Board of Supervisors of the City and County of San Francisco, and the Act of the Legislature ratifying such order; and having recovered a verdict for only a small por*387tion of the amount sued for, he moved for a new trial, and the motion was granted, on the ground “ that the verdict is against law, and that the evidence is insufficient to justify the verdict.” The evidence tended to show that a large portion…

2Cited by6 opinions

  1. Bates v. HowardCalifornia Supreme Court · 1894
  2. Alpers v. HuntCalifornia Supreme Court · 1890
  3. Krantz v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
  4. Onderdonk v. City & Cty. of S.F.California Supreme Court · 1888
  5. Ross v. WaitSouth Dakota Supreme Court · 1892

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