Alpers v. City and County of San Francisco
U.S. Circuit Court for the District of Northern California
The plain!iff has filed a bill against the city and county of San Francisco, its mayor, supervisors, and pound-keeper, to prevent any obstruction by them to the execution of a contract between him and the city and county, known as the -Dead-Animal Contract.” Avid lie applies for a provisional injunction against the municipality to restrain the passage of any resolution, order, or ordinance, which will impair the obligation of that contract.
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The plain!iff has filed a bill against the city and county of San Francisco, its mayor, supervisors, and pound-keeper, to prevent any obstruction by them to the execution of a contract between him and the city and county, known as the -Dead-Animal Contract.” Avid lie applies for a provisional injunction against the municipality to restrain the passage of any resolution, order, or ordinance, which will impair the obligation of that contract. The injunction is asked upon the bill and afiidavits, and their allegations not being controverted, are, for the purposes of this application, to be taken…
1Opinion of the Court
Field, Circuit Justice,
(after stating the fads as above.) There is no doubt that the contract between the plaiutiff and the city and county of San Francisco is one within the competency of the municipality to make. It is within the power of all such bodies to provide for the health of their inhabitants by causing the removal from their limits of all dead animals not slain for human food, which otherwise would soon decay, and, by corrupting the air, engender disease. And provisions for such removal may be made by contract, as well as tbe performance of any other duty touching the health and…
2Cases cited6 opinions
- Dodge v. WoolseySupreme Court of the United States · 1856
- Piqua Branch of State Bank of Ohio v. KnoopSupreme Court of the United States · 1854
- The People v. . SturtevantNew York Court of Appeals · 1853
- Des Moines Gas Co. v. City of Des MoinesSupreme Court of Iowa · 1876
- Palmer v. Mayor of New YorkThe Superior Court of New York City · 1853
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3Cited by36 opinions
- Texas Co. v. Central Fuel Oil Co.Court of Appeals for the Eighth Circuit · 1912
- State Ex Rel. Stephan v. Kansas House of RepresentativesSupreme Court of Kansas · 1984
- Inglin v. HoppinCalifornia Supreme Court · 1909
- Gilde v. Superior CourtCalifornia Supreme Court · 1905
- City Council v. Superior CourtCalifornia Court of Appeal · 1960
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