San Francisco City and County v. Itsell
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The original action was ejectment, brought in the Superior Court of San Francisco by the city and county of San Francisco to recover a tract of land in San Francisco, of which the plaintiff alleged that it was seized- in fee, and entitled td the possession, in trust for the use of the State of California and of the people of the city and coqnty as a public plaza, park, common or square, and commonly known as Hamilton..…
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ERROR TO THE SUPREME COURT OF THE STATE OF CALIFORNIA. The original action was ejectment, brought in the Superior Court of San Francisco by the city and county of San Francisco to recover a tract of land in San Francisco, of which the plaintiff alleged that it was seized- in fee, and entitled td the possession, in trust for the use of the State of California and of the people of the city and coqnty as a public plaza, park, common or square, and commonly known as Hamilton.. square or plaza. It was duly pleaded in the answer, and found by the court, (a trial by jury having been waived by the…
1Opinion of the Court
Me.: Justice Geat,
after stating the case as above, delivered the opinion of the court..This court has.no jurisdiction to review a judgment of the highest- court of a State, unless- a federal question has been, either in express terms Or-by necessary effect, decided by that court against -the plaintiff in error. Rev. Stat. § 709; New Orleans Waterworks v. Louisiana Sugar Refining Co., 125, U. S. 18; De Saussure v. Gaillard, 127 U. S. 216; Hale v. Akers, 132 U. S. 554.
In the'present case, the record of the pleadings, findings of fact and judgment shows that it was unnecessary for that court to…
2Cases cited3 opinions
- De Saussure v. GaillardSupreme Court of the United States · 1888
- Chouteau v. GibsonSupreme Court of the United States · 1884
- Hale v. AkersSupreme Court of the United States · 1889
3Cited by24 opinions
- O'Neil v. VermontSupreme Court of the United States · 1892
- Bundo v. City of Walled LakeMichigan Supreme Court · 1976
- Powell v. JonesIllinois Supreme Court · 1973
- King v. West VirginiaSupreme Court of the United States · 1910
- Delmar Jockey Club v. MissouriSupreme Court of the United States · 1908
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