Legal Opinion

Stockton & Visalia Railroad v. City of Stockton

California Supreme Court

Decided July 1, 1876No. 4511PublishedCited by 23 opinions

Appeal from the District Court, Fifth Judicial District, County of San Joaquin, The San Joaquin River takes its rise at a point over two hundred miles a little southeasterly from the city of Stockton. It drains the country lying between the Sierra Nevada Mountains on the east, and the Mount Diablo range of mountains on the west. The country between these ranges of mountains is called the San Joaquin Valley.

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Appeal from the District Court, Fifth Judicial District, County of San Joaquin, The San Joaquin River takes its rise at a point over two hundred miles a little southeasterly from the city of Stockton. It drains the country lying between the Sierra Nevada Mountains on the east, and the Mount Diablo range of mountains on the west. The country between these ranges of mountains is called the San Joaquin Valley. The valley proper is about thirty miles in width, and the low foothills of the mountains on either side are several miles in width. Stockton is built midway the valley, on a slough of the…

1Opinion of the Court

By the Court, Niles, J.:

This is an application for a mandamus to compel the delivery to the petitioner of certain bonds of the city of Stockton, issued under the act of April 1, 1870 (Stats. 1869-70, p. 551), and placed in the hands of the trustees named in the tenth section of the act. The petitioner claims to have performed the conditions upon which .it was to become entitled to the bonds under the terms of the act. This is denied by the respondents, who resist the application on the ground, first, that the portion of the road lying between the city of Stockton and Peters, 14J miles in…

2Cases cited1 opinion

  1. People v. Board of SupervisorsCalifornia Supreme Court · 1873

3Cited by23 opinions

  1. Drummey v. State Board of Funeral Directors & EmbalmersCalifornia Supreme Court · 1939
  2. Lindell Co. v. Board of Permit Appeals of San FranciscoCalifornia Supreme Court · 1943
  3. Wood v. StrotherCalifornia Supreme Court · 1888
  4. Inglin v. HoppinCalifornia Supreme Court · 1909
  5. County of San Luis Obispo v. GageCalifornia Supreme Court · 1903

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