Gilmer v. Lime Point
California Supreme Court
Appeal from the Seventh District. Proceedings to condemn land. For the previous history of the case, see Gilmer v. Lime Point (18 Cal. 229). As stated in that case, the United States District Attorney joined issue as to the constitutionality of the Act of 1859, 26, mentioned in the plea of Throckmorton, and averred the use named in the application herein to be a “ public use,” within the Constitution of California.
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Appeal from the Seventh District. Proceedings to condemn land. For the previous history of the case, see Gilmer v. Lime Point (18 Cal. 229). As stated in that case, the United States District Attorney joined issue as to the constitutionality of the Act of 1859, 26, mentioned in the plea of Throckmorton, and averred the use named in the application herein to be a “ public use,” within the Constitution of California. He also demurred to the plea of Throckmorton on the ground that it “ undertakes to traverse and avoid certain allegations in the said application made, which are not traversable or…
1Opinion of the CourtBaldwin, J.
—Field, C. J. and Cope, J. concurring.
We take a different view of this case from that of the Court below. These proceedings for the condemnation of land are to be regarded as those of a special inquisition, and though taken under the Act of 1859, by the District Court or Judge, yet are to be construed, not by the general rules applicable to Courts of general jurisdiction, but as the acts of a Court which sits in this matter under a special statutory authority.
We have held that the Act of 1859 is constitutional. The condemnation of the land can only be made in pursuance of the provisions of…
2Cited by18 opinions
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- Sacramento Etc. R.R. Co. v. HeilbronCalifornia Supreme Court · 1909
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1891
- Joint Highway District No. 9 v. Ocean Shore RailroadCalifornia Court of Appeal · 1933
- Contra Costa Coal Mines Railroad v. MossCalifornia Supreme Court · 1863
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