Legal Opinion

City of Visalia v. Jacob

California Supreme Court

Decided July 26, 1884No. 9,441PublishedCited by 28 opinions

Appeal from a judgment of the Superior Court of the county of Tulare. The action was ejectment for a portion of a public street in the city of Visalia. A demurrer to the complaint was sustained. Plaintiff declined to amend, and judgment was rendered for defendant. The facts appear in the opinion of the court.

1Opinion of the Court

The Court.

The action is to recover the possession of certain lands, and was commenced November 24,1883. The complaint avers that plaintiff, on the 27th day of February, 1874, was seized in fee of “all that part of Centre Street (describing it), and ever since that time has been, and still is, seized of and *435entitled to the possession of said land, the same being a portion of a public street duly laid out and dedicated to the public use.” That on the 28th of February, 1874, defendant entered into possession of the demanded premises, and thence hitherto has withheld, and still unlawfully…

2Cases cited4 opinions

  1. Hoadley v. City & County of San FranciscoCalifornia Supreme Court · 1875
  2. City of San Francisco v. CalderwoodCalifornia Supreme Court · 1867
  3. People v. PopeCalifornia Supreme Court · 1879
  4. City & County of San Francisco v. SullivanCalifornia Supreme Court · 1875

3Cited by28 opinions

  1. Ralston v. Town of WestonWest Virginia Supreme Court · 1899
  2. People Ex Rel. State Bd. of Harbor Comm'rs v. KerberCalifornia Supreme Court · 1908
  3. Patton v. City of Los AngelesCalifornia Supreme Court · 1915
  4. City & County of San Francisco v. GroteCalifornia Supreme Court · 1898
  5. Southern Pacific Co. v. HyattCalifornia Supreme Court · 1901

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