Legal Opinion

Smith v. City of San Luis Obispo

California Supreme Court

Decided November 25, 1893No. 19,296PublishedCited by 2 opinions

APPEAL from Superior Court, San Luis Obispo County; V. A. Gregg, Judge. Ejectment by Levi Smith against the city of San Luis Obispo, From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtGaroutte, J.

This is an action of ejectment, and for a defense the city avers a dedication of the realty as a public street. The case has once been before the court (Smith v. City of San Luis Obispo, 95 Cal. 463, 30 Pac. 591), and a new trial ordered. At the previous trial in the lower court, judgment went for the plaintiff, but it was reversed upon appeal, for the reason that the conclusions of law were not supported by the findings of fact; this court holding that the findings were such as to indicate a dedication of the land as a public street, and that consequently judgment should have gone for…

2Cases cited1 opinion

  1. Smith v. City of San Luis ObispoCalifornia Supreme Court · 1892

3Cited by2 opinions

  1. St. Croix Lumber Co. v. MitchellSouth Dakota Supreme Court · 1894
  2. Hensley v. Davidson Bros.Supreme Court of Iowa · 1909

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