Legal Opinion

City of Oakland v. Oakland Water Front Co.

California Supreme Court

Decided September 13, 1897No. 15804PublishedCited by 22 opinions

APPEAL from an order of the Superior Court of Alameda County, refusing to change the place of trial of an action. F. B. Ogden, Judge. The facts are stated in the opinion of the court. The superior judges being taxpayers in the city of Oakland were disqualified.

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APPEAL from an order of the Superior Court of Alameda County, refusing to change the place of trial of an action. F. B. Ogden, Judge. The facts are stated in the opinion of the court. The superior judges being taxpayers in the city of Oakland were disqualified. (Hesketh v. Braddock, 3 Burr. 1843; London v. Wood, 12 Mod. 669; Queen v. Inhabitants etc., 6 Mod. 307; Clark v. Lamb, 2 Allen, 396; Wood v. Stoddard, 2 Johns. 194; Pearce v. Atwood, 13 Mass. 324; Commonwealth v. McLane, 4 Gray, 427; Petition of Nashua, 12 N. H. 425; Waters v. Day, 10 Yt. 487; Peck v. Freeholders, 21 N. J. L. 656;…

1Opinion of the CourtMeFARLAND, J.

This is an appeal by the defendant, a corporation, from an order of the superior court of Alameda county denying a motion of defendant for a change of the place of trial of this action from said county to some other county.

The respondent is a municipal corporation. In the complaint it is averred that the respondent is the owner in fee of certain *251lands described as lying in front of said city of Oakland “below the line of ordinary high tide of the bay of San Francisco”; that appellant “claims some interest and estate in and to said lands” adverse to respondent; and that “this action is brought…

2Cases cited1 opinion

  1. North Bloomfield Gravel Mining Co. v. KeyserCalifornia Supreme Court · 1881

3Cited by22 opinions

  1. Meyer v. City of San DiegoCalifornia Supreme Court · 1898
  2. Scadden Flat Gold Mining Co. v. ScaddenCalifornia Supreme Court · 1898
  3. Favorite v. Superior Court of Riverside Co.California Supreme Court · 1919
  4. Higgins v. City of San DiegoCalifornia Supreme Court · 1899
  5. Marculescu v. City Planning CommissionCalifornia Court of Appeal · 1935

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