Legal Opinion

Sinton v. Ashbury

California Supreme Court

Decided July 1, 1871No. 2,876PublishedCited by 31 opinions

Original application in the Supreme Court for mandamus. The grounds upon which the defendant attacked the Act of March 4th, 1870, and rested his defense to this application for mandamus, are thus stated in the affidavit of Mayor Selby, referred to in the opinion: “ That he is advised and believes, and hereby charges and states, that the validity of the proceedings for the extension of Montgomery street and Connecticut street is questioned and attacked, and that it is…

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Original application in the Supreme Court for mandamus. The grounds upon which the defendant attacked the Act of March 4th, 1870, and rested his defense to this application for mandamus, are thus stated in the affidavit of Mayor Selby, referred to in the opinion: “ That he is advised and believes, and hereby charges and states, that the validity of the proceedings for the extension of Montgomery street and Connecticut street is questioned and attacked, and that it is questionable and doubtful whether or not the proceedings for the extension of said streets will be sustained; that in the event…

1Opinion of the Court

By the Court, Crockett, J.:

This is an application for a mandamus, to compel the Auditor of the City and County of San Francisco to issue his warrant on the General Fund of said city and county for the several amounts found to be due to the relators respectively, by the County Judge, in accordance with the provisions of the Act of March 4th, 1870. (Stats. 1869-70, p. 146.) The appli*528cation is resisted chiefly on the ground that the Act is unconstitutional, and, therefore, void. It appears from the record that proceedings were commenced by the Board of Supervisors under the Act of April 4th,…

2Cases cited10 opinions

  1. People v. McCreeryCalifornia Supreme Court · 1868
  2. People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
  3. The People v. . PinckneyNew York Court of Appeals · 1865
  4. State ex rel. Police Commissioners v. County CourtSupreme Court of Missouri · 1864
  5. People Ex Rel. Loew v. BatchelorNew York Court of Appeals · 1860

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3Cited by31 opinions

  1. People v. LynchCalifornia Supreme Court · 1875
  2. Civic Center Ass'n of Los Angeles v. Railroad CommissionCalifornia Supreme Court · 1917
  3. City of Los Angeles v. OliverCalifornia Court of Appeal · 1929
  4. American Co. v. City of LakeportCalifornia Supreme Court · 1934
  5. People ex rel. Bryant v. HolladayCalifornia Supreme Court · 1892

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