Appeal of S. O. Houghton
California Supreme Court
Appeal from the County Court of the City and County of San Francisco. This was a proceeding under the provisions of an Act of the Legislature, entitled “An Act to authorize the Board of Supervisors of the City and County of San Francisco to modify the grades of certain streets,” approved March 30th, 1868 (Stats. 1867-8, p. 594), and an Act amendatory thereof, approved February 1st, 1870 (Stats. 1869-70, p. 41). After the grading had been done, the Commissioners appointed by…
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Appeal from the County Court of the City and County of San Francisco. This was a proceeding under the provisions of an Act of the Legislature, entitled “An Act to authorize the Board of Supervisors of the City and County of San Francisco to modify the grades of certain streets,” approved March 30th, 1868 (Stats. 1867-8, p. 594), and an Act amendatory thereof, approved February 1st, 1870 (Stats. 1869-70, p. 41). After the grading had been done, the Commissioners appointed by the Board of Supervisors heard the evidence of the parties interested, and submitted their report to the County Court,…
1Opinion of the Court
By the Court, Crockett, J.:
The motion to dismiss the appeal in this case must be controlled in its decision by a solution of the following questions:
First—Does the special Act of February 1st, 1870 (Stats. 1869-70, p. 41), by necessary implication, or reasonable intendment, prohibit an appeal in this case?
Second—If not, does section three hundred and fifty-nine of the code authorize an appeal in this class of cases ?
If the first question shall be answered in the affirmative, it may be necessary to consider the further question, whether the Constitution has conferred upon this Court appellate…
2Cases cited3 opinions
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- Keech v. JoplinCalifornia Supreme Court · 1909
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- Western American Co. v. St. Ann Co.Washington Supreme Court · 1900
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