County of Santa Clara v. Southern Pac. R.R.
California Supreme Court
Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. On Saturday, the 6th of October, 1883, the board of supervisors of Santa Clara county passed an ordinance imposing county licenses, which provided that it should be unlawful for any person to engage in or carry on the business or occupation of a steam railroad company in such county, without first taking out or procuring a license authorizing him to carry on such…
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Appeal from a judgment of the Superior Court of Santa Clara County, and from an order refusing a new trial. On Saturday, the 6th of October, 1883, the board of supervisors of Santa Clara county passed an ordinance imposing county licenses, which provided that it should be unlawful for any person to engage in or carry on the business or occupation of a steam railroad company in such county, without first taking out or procuring a license authorizing him to carry on such business. The defendant, a railroad corporation engaged in operating its road in Santa Clara county, having failed to take…
1Opinion of the CourtThornton, J.
The act of 13th March, 1883, (Stats. 1883, p. 297—which is § 4045, Pol. Code) was superseded and repealed by an act passed on next day, commonly known as the county government act. (Stats. 1883, 297, § 25, sub. 27, p. 308.) This was so held in Ex parte Benjamin, 65 Cal. 310.
*644To take another view, section 184 of the county government act repealed all acts and all parts of acts inconsistent with it. (Stats. 1883, p. 365.) Conceding that the act of 13th of March, 1883 (§ 4045, Political Code) is only repealed so far as it is inconsistent with the county government act, we find nothing…
2Cases cited1 opinion
- Ex parte BenjaminCalifornia Supreme Court · 1884
3Cited by5 opinions
- County of San Luis Obispo v. HendricksCalifornia Supreme Court · 1886
- Wichmann v. City of PlacervilleCalifornia Supreme Court · 1905
- County of San Luis Obispo v. WhiteCalifornia Supreme Court · 1891
- Mendocino County v. Bank of MendocinoCalifornia Supreme Court · 1890
- San Benito County v. Southern Pacific RailroadCalifornia Supreme Court · 1888