People ex rel. State Board of Harbor Commissioners v. Steamer America
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The defendant demurred to the complaint; the demurrer was overruled, and on the trial plaintiff had judgment as prayed for in the complaint. The'defendant appealed. The other facts are sufficiently stated in the opinion of the Court.
1Opinion of the Court
By the Court, Rhodes, J,:
The complaint states that the defendant is indebted to the plaintiffs for the wharfage of the defendant, at the wharf of the plaintiffs, in the City of San Francisco, in a certain sum, and that sum is, by law, payable in gold coin.
The defendant’s counsel presents the point that the statute under which the action is brought (Sec. 2 of Water Front Act of 1864, Stats. 1863-4, p. 139) is unconstitutional. The ground taken is that this is a case of admiralty and maritime jurisdiction, and that “ as the Judiciary Act of 1789, passed in pursuance of section two of Article IH…
2Cases cited4 opinions
- De Lovio v. BoitU.S. Circuit Court for the District of Massachusetts · 1815
- The Steam-Boat Thomas JeffersonSupreme Court of the United States · 1825
- Perry v. WashburnCalifornia Supreme Court · 1862
- State Treasurer v. WrightIllinois Supreme Court · 1862
3Cited by3 opinions
- Missouri Valley Bridge & Iron Co. v. MaloneSupreme Court of Arkansas · 1922
- Schell v. GambleCalifornia Supreme Court · 1908
- McCarthy v. RosenbergDistrict Court, D. Hawaii · 1905