County of San Mateo v. Coburn
California Supreme Court
APPEAL from a judgment of the Superior Court of San Mateo County, from an order denying a new trial, and from an order authorizing possession. George H. Buck, Judge. The facts are stated in the opinion of the court.
1OpinionBeatty, C. J.
I dissent from the order denying a rehearing. A county, within the meaning of section 14 of article I of the constitution, is either a municipal corporation or it is not a corporation at all, and in either case it is entitled in condemning a right of way to set off benefits against damages. (Moran v. Ross, 79 Cal. 159; Moran v. Ross, 79 Cal. 549.) In my opinion, a county is a municipal corporation within the meaning of this clause of the constitution, and the decision in People v. McFadden, 81 Cal. 489, 4 that it is not a municipal corporation, within the meaning of another provision (i. e.,…
2Cases cited3 opinions
- People ex rel. Graves v. McFaddenCalifornia Supreme Court · 1889
- Moran v. RossCalifornia Supreme Court · 1889
- Moran v. RossCalifornia Supreme Court · 1889