People ex rel. Attorney-General v. Stanford
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The action was brought by the people of the state of California, on the relation of the attorney-general, against Leíand Stanford, Joseph L. Willcutt, Charles B. Gould, Charles Crocker, W. V. Huntington, and N. T. Smith, and the Potrero and Bay View Railroad Company, for the purpose of having it determined that said company had no legal existence as a corporation, and did not own or possess…
Read the full summary
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The action was brought by the people of the state of California, on the relation of the attorney-general, against Leíand Stanford, Joseph L. Willcutt, Charles B. Gould, Charles Crocker, W. V. Huntington, and N. T. Smith, and the Potrero and Bay View Railroad Company, for the purpose of having it determined that said company had no legal existence as a corporation, and did not own or possess any right of way, franchise, or privilege over and upon certain streets in the city and county of San Francisco, and…
1Opinion of the CourtWorks, J.
This cause was decided in Department One, and a rehearing granted. It was held by the department that the second count of the complaint was bad, and that it was error to overrule the demurrer thereto. We adhere to this conclusion, and to that extent the opinion of the department is adopted as the opinion of the court.
There was also a demurrer to the first count of the complaint, which was overruled by the court below. It is urg ed upon us that this count of the complaint is bad, for the reason that conclusions are pleaded, and not the facts. The pleading is an anomaly. It sues the Potrero and…
2Cases cited20 opinions
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- Reese v. United StatesSupreme Court of the United States · 1870
- Painter v. PainterOhio Supreme Court · 1849
- People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
15 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Los Angeles v. Los Angeles City Water Co.Supreme Court of the United States · 1900
- People ex rel. Van Loben Sels v. Reclamation District No. 551California Supreme Court · 1897
- California Trout, Inc. v. State Water Resources Control BoardCalifornia Court of Appeal · 1989
- Los Angeles City Water Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1898
- City of Lansing v. Michigan Power Co.Michigan Supreme Court · 1914
10 more not listed; retrieve them via the Exa API.