Smith v. City of San Luis Obispo
California Supreme Court
Appeal from a judgment of the Superior Court of San Luis Obispo County. The facts are stated in the opinion.
1Opinion of the Court
Haynes, C.
Ejectment to recover a parcel of land in the city of San Luis Obispo, alleging an ouster on November 13, 1890. The answer denied all the allegations of the complaint except that defendant was a municipal corporation, and alleged that the demanded premises “ is, and for many years last past has been, a public street of said city, to the possession of which the defendant is entitled for street purposes.”
The plaintiff had judgment, and defendant appeals upon the judgment roll.
The demanded premises is a strip of land about 45 feet wide and 175 feet long, and which would be wholly…
2Cases cited7 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
- Harding & Loftin v. JasperCalifornia Supreme Court · 1860
- City of San Francisco v. CanavanCalifornia Supreme Court · 1872
- City of San Francisco v. CalderwoodCalifornia Supreme Court · 1867
- Bolger v. FossCalifornia Supreme Court · 1884
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3Cited by33 opinions
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- Western Aggregates, Inc. v. County of YubaCalifornia Court of Appeal · 2002
- Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
- City of Venice v. Short Line Beach Land Co.California Supreme Court · 1919
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