Gilmer v. Throckmorton
California Supreme Court
Appeal from the. Seventh District. The following were the proceedings in this case: The Application of Jeremy F. Gilmer, Captain of Engineers in-the Army of the United States of America, and Special Agent of the said United States, for the Condemnation of Lime Point, for Fortification Purposes.
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Appeal from the. Seventh District. The following were the proceedings in this case: The Application of Jeremy F. Gilmer, Captain of Engineers in-the Army of the United States of America, and Special Agent of the said United States, for the Condemnation of Lime Point, for Fortification Purposes. Jeremy F. Gilmer, Captain of Engineers in the Army of the United States of America, specially authorized hereunto by the said United States applicant, by his attorney, Calhoun Benham, respectfully shows to the Honorable the District Court of the Seventh Judicial District, in and for the county of Marin…
1Opinion of the CourtBaldwin, J.
Field, C. J. and Cope, J. concurring.
The Legislature having passed the following statute, (see Statutes of 1859, 26) and certain proceedings having been taken under it, the only question argued before us is the constitutionality of this act. The act is in these words :
“ Sec. 1. That whenever it shall be made to appear to any one of the District Courts of this State, upon the application of any authorized agent of the United States, that the said United States are desirous of purchasing any tract of land, and the right of way thereto, within the limits of this State, for the erection of a…
2Cases cited6 opinions
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- John Goodtitle v. Gaius KibbeSupreme Court of the United States · 1850
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- United States v. Railroad Bridge Co.U.S. Circuit Court for the Northern District of Illnois · 1855
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3Cited by62 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- Bauer v. County of VenturaCalifornia Supreme Court · 1955
- Wulzen v. Bd. of Supervisors of City & Cty of San FranciscoCalifornia Supreme Court · 1894
- Thayer v. California Development Co.California Supreme Court · 1912
- Foley Construction Company v. WardCourt of Appeals of Kentucky (pre-1976) · 1963
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