Legal Opinion

People Ex Rel. Warfield v. Sutter Street Railway Co.

California Supreme Court

Decided August 23, 1900No. S.F. No. 1286PublishedCited by 9 opinions

APPEAL from an order of the Superior Court of the City, and County of San Francisco denying a motion to quash an execution for a fine for usurping a franchise, or to amend the same by striking out the interest on the fine provided for therein. J. C. B. Hebbard, Judge. The facts are stated in the opinion. Naphtaly, Freidenrich & Ackerman, and Garber & Garber, for Appellant.

1Opinion of the Court

GRAY, C.

This action is based on section 803 of the Code of Civil Procedure, and was brought to have the franchise of defendant to maintain a street railway on Bush and other streets of San Francisco declared forfeited, and to have defendant adjudged to have usurped a franchise and fined in a sum not exceeding five thousand dollars, as provided in section 809 of the Code of Civil Procedure. The plaintiff had judgment as demanded, and the court imposed a fine on defendant of five thousand dollars. The defendant appealed to this court and the judgment was affirmed. (People v. Sutter Street Ry.…

2Cases cited2 opinions

  1. People ex rel. Warfield v. Sutter Street Railway Co.California Supreme Court · 1897
  2. State v. SteenTexas Supreme Court · 1855

3Cited by9 opinions

  1. People Ex Rel. Los Angeles Bar Ass'n v. California Protective Corp.California Court of Appeal · 1926
  2. Sawyer v. BarbourCalifornia Court of Appeal · 1956
  3. Sanders v. Pacific Gas & Electric Co.California Court of Appeal · 1975
  4. In Re SullivanCalifornia Court of Appeal · 1906
  5. Hawthorne v. StateCourt of Appeals of Texas · 1905

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