Legal Opinion

Grogan v. City of San Francisco

California Supreme Court

Decided July 1, 1861PublishedCited by 43 opinions

Appeal from the Twelfth District. This is an action to recover the sum of $19,552.74, with interest, for moneys paid by the plaintiffs to the defendant upon bids made by them for lots situated in San Francisco, which were put up for sale by the Mayor and Land Committee of the city under a pretended ordinance of the Common Council.

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Appeal from the Twelfth District. This is an action to recover the sum of $19,552.74, with interest, for moneys paid by the plaintiffs to the defendant upon bids made by them for lots situated in San Francisco, which were put up for sale by the Mayor and Land Committee of the city under a pretended ordinance of the Common Council. The complaint contains two counts—one setting forth the particulars of the alleged illegal sale, and the other for moneys had and received by the defendant for the use of the plaintiffs. Two answers were filed to the complaint—one in June, 1855, and the other in…

1Opinion of the CourtField, C. J.

Cope, J. concurring.

This case has grown out of the attempted sale by the authorities of San Francisco, in December, 1853, of certain property known as the city slip property. On the fifth of that month, an ordinance for the sale of the property was presented to the Board of Assistant Aldermen of the city and put upon its passage. At the time there was a vacancy in the Board, occasioned by the resignation of one of its members, so that there were only seven members in office. Of this number four members voted for the ordinance and three against it. As a consequence, the ordinance was not…

2Cases cited2 opinions

  1. Fletcher v. PeckSupreme Court of the United States · 1810
  2. Hart v. BurnettCalifornia Supreme Court · 1860

3Cited by43 opinions

  1. City of Trenton v. New JerseySupreme Court of the United States · 1923
  2. Love v. City of DallasTexas Supreme Court · 1931
  3. County of San Diego v. California Water & Telephone Co.California Supreme Court · 1947
  4. Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
  5. City of Atlanta v. Gate City Gas Light Co.Supreme Court of Georgia · 1883

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