Legal Opinion

Whiting v. Townsend

California Supreme Court

Decided July 1, 1881No. 6,662PublishedCited by 8 opinions

Appeal from a judgment for the plaintiff, and an order denying a new trial, in the Fourth District Court, City and County of San Francisco. Morrison, J. The defendant Townsend appealed. After the decision, the appellants filed their petition that the appeal be reheard in Bank, and the application was denied.

1Opinion of the Court

Morrison, C. J.:

This action was brought to enforce a lien for planking Larkin street from Tyler to McAllister (except that portion required by law to be kept in order by the railroad company-having tracks thereon), and for reconstructing the sidewalks on said street. Plaintiff had judgment in the Court below. Defendant moved for a new trial, which was denied, and this appeal is taken from the judgment, and also from the order denying the motion for a new trial.

The first objection we will notice is to the sufficiency of the complaint. The pleading on behalf of the plaintiff in this proceedings…

2Cases cited2 opinions

  1. Chambers v. SatterleeCalifornia Supreme Court · 1871
  2. Himmelmann v. HoadleyCalifornia Supreme Court · 1872

3Cited by8 opinions

  1. Duncan v. RamishCalifornia Supreme Court · 1904
  2. Mullan v. StateCalifornia Supreme Court · 1896
  3. Jennings v. Le BretonCalifornia Supreme Court · 1889
  4. Cohen v. City of AlamedaCalifornia Supreme Court · 1899
  5. Foley v. BullardCalifornia Supreme Court · 1893

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