People ex rel. Jenkins v. Duncan
California Supreme Court
Appeal from the District Court of the Thirteenth Judicial District, Mariposa County. This was an action in the nature of quo warranto, brought in the name of the People by the Attorney General against the defendants, to oust them from the use and enjoyment of a certain turnpike road franchise from Ross’ Ranch to Bear Valley, in Mariposa County.
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Appeal from the District Court of the Thirteenth Judicial District, Mariposa County. This was an action in the nature of quo warranto, brought in the name of the People by the Attorney General against the defendants, to oust them from the use and enjoyment of a certain turnpike road franchise from Ross’ Ranch to Bear Valley, in Mariposa County. It appears that the franchise was granted by the Board of Supervisors of that county to the relator, Jenkins, on March 3d, 1862, for a period of ten years. In May, 1868, Jenkins filed a petition in bankruptcy in' the United States District Court, and…
1Opinion of the Court
By the Court, Crockett, J.:
In Wood v. Truckee Turnpike Company, 24 Cal. 474, it was decided that a franchise to construct a turnpike road and collect tolls thereon is a personal trust reposed in the grantee, and is not assignable either at forced sale or by voluntary conveyance, except with the consent of the granting party. In Monroe v. Thomas, 5 Cal. 470, the same proposition was maintained in respect to a ferry franchise, and the principle *511was reaffirmed in Thomas v. Armstrong, 7 Cal. 289. Accepting this as a correct exposition of the law, the title of Jenkins to the franchise was not only…
2Cases cited3 opinions
- Wood v. Truckee Turnpike Co.California Supreme Court · 1864
- Munroe v. ThomasCalifornia Supreme Court · 1855
- People v. AppleCalifornia Supreme Court · 1857
3Cited by6 opinions
- Coburn v. AmesCalifornia Supreme Court · 1877
- Hackett v. Multnomah Railway Co.Oregon Supreme Court · 1885
- Nixon v. ReidSouth Dakota Supreme Court · 1896
- People Ex Rel. Spiers v. LawleyCalifornia Court of Appeal · 1911
- Carter v. MeuliCalifornia Supreme Court · 1898
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