Legal Opinion

Phelan v. County of San Francisco

California Supreme Court

Decided July 1, 1856PublishedCited by 8 opinions

Appeal from the Superior Court of the City of San Francisco. The plaintiff filed a bill in equity against the county of San Francisco, to enforce a specific performance of the following contract, as set forth in the bill: The Court of Sessions of San Francisco county, acting under the provisions of the Act of April 11th, 1850, purchased, June 20th, 1850, of Edmund Laffan, D. W. Coit and J. W. Morse, a certain lot of land on the west side of Brenham Place, in the city of San…

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Appeal from the Superior Court of the City of San Francisco. The plaintiff filed a bill in equity against the county of San Francisco, to enforce a specific performance of the following contract, as set forth in the bill: The Court of Sessions of San Francisco county, acting under the provisions of the Act of April 11th, 1850, purchased, June 20th, 1850, of Edmund Laffan, D. W. Coit and J. W. Morse, a certain lot of land on the west side of Brenham Place, in the city of San Francisco, for a county-building site, for which they agreed to pay the sum of $60,000, payable one-half July 1, 1851,…

1Opinion of the Court

The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Heydenfeldt concurred. Mr. Justice Terry dissented.

In Burgoyne v. The Supervisors of San Francisco County, 5 Cal. R., we held that the Legislature could not confer other than judicial functions on the Courts of Sessions, and consequently that the ajitejppted purchase of land, in that case, was a nullity, and the county not liable upon the contract.

The plaintiffs in this case have resorted to a different remedy, and by a bill in equity seek to enforce a specific performance of the original contract, on the ground…

2Cited by8 opinions

  1. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  2. People ex rel. Attorney General v. ProvinesCalifornia Supreme Court · 1868
  3. C.R. v. Tenet Healthcare Corp.California Court of Appeal · 2009
  4. Phelan v. City & County of San FrancisoCalifornia Supreme Court · 1862
  5. Reclamation District No. 1500 v. RileyCalifornia Supreme Court · 1923

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