Lucas, Turner & Co. v. City of San Francisco
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This action was brought in the Court below, by Lucas, Turner & Co., as the assignee of Jesse L. Wetmore, to recover the sum of one hundred thousand dollars for grading Powell street, in San Francisco. The complaint contained nine counts, and stated, among other things, that,in November, 1852, one William Divier was duly appointed street commissioner of that city.
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Appeal from the Superior Court of the City of San Francisco. This action was brought in the Court below, by Lucas, Turner & Co., as the assignee of Jesse L. Wetmore, to recover the sum of one hundred thousand dollars for grading Powell street, in San Francisco. The complaint contained nine counts, and stated, among other things, that,in November, 1852, one William Divier was duly appointed street commissioner of that city. That said Divier, as commissioner, as he was authorized to do, on the 20th of September, 1853, entered into a contract with Jesse L. Wet-more, for the grading of Powell…
1Opinion of the CourtBurnett, J.
This case was decided at the October Term, 1856, and a rehearing ordered. The decision of the Court below was given against the plaintiff, upon a demurrer to the complaint. The complaint contains nine counts, setting forth the cause of the action in different forms, and the demurrer was to the whole complaint, and to each count separately, and was sustained as to all the counts. The objections raised by the demurrer can only apply to some of the counts, and for that reason, if for no other, the judgment of the Court below must be reversed. But it was evidently the intention of all parties, to…
2Cases cited2 opinions
- CRAIG v. the State of MissouriSupreme Court of the United States · 1830
- Harker v. Mayor of New YorkNew York Supreme Court · 1837
3Cited by8 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Wetmore v. City of San FranciscoCalifornia Supreme Court · 1872
- Carpenter v. ShinnersCalifornia Supreme Court · 1895
- Raymond v. PeopleColorado Court of Appeals · 1892
- People v. MuellerCalifornia Supreme Court · 1914
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