Stockton v. Common Council of Stockton
California Supreme Court
This was an original application in the Supreme Court for a writ of mandate to require the Common Council of the City of Stockton to levy a tax sufficient to raise the sum of twenty-one thousand dollars, in gold coin, being the interest for the first year (1870) on the bonds issued under and by virtue of “ An Act to empower the City of Stockton to aid in the construction of the Stockton and Yisalia Railroad,” approved April 1,1870 (Stats. 1869-70, p. 551). The petition set…
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This was an original application in the Supreme Court for a writ of mandate to require the Common Council of the City of Stockton to levy a tax sufficient to raise the sum of twenty-one thousand dollars, in gold coin, being the interest for the first year (1870) on the bonds issued under and by virtue of “ An Act to empower the City of Stockton to aid in the construction of the Stockton and Yisalia Railroad,” approved April 1,1870 (Stats. 1869-70, p. 551). The petition set forth the facts, and, among other things, that the defendant, in response to a written demand made upon it by the…
1Opinion of the Court
By the Court, Wallace, J.:
An Act was passed by the Legislature at its late session, and approved on the first day of April, 1870, which is en *157titled “An Act to empower the City of Stockton to aid in the construction of the Stockton and Visalia Railroad.” (Acts 1869-70, p. 551.)
In substance it directs the municipal authorities of the City of Stockton to donate three hundred thousand dollars to a company who propose to build a certain railroad, having a permanent terminus in the city itself, at its water front. Under the provisions of the Act the bonds of the city for the entire sum are to be…
2Cases cited15 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
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3Cited by36 opinions
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