City & County of San Francisco v. Sullivan
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Ejectment to recover a portion of the street mentioned in the opinion, upon which, it was alleged, the defendants had entered, and from which they had excluded all other persons. The defendants demurred, because the complaint did not state facts sufficient to constitute a cause of action. The court overruled the demurrer.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. Ejectment to recover a portion of the street mentioned in the opinion, upon which, it was alleged, the defendants had entered, and from which they had excluded all other persons. The defendants demurred, because the complaint did not state facts sufficient to constitute a cause of action. The court overruled the demurrer. The plaintiffs recovered judgment, and the defendants appealed. The other facts are stated in the opinion.
1Opinion of the Court
By the Court :
1. All the questions made by the appellant here were considered and determined by us in the case of Hoadley v. San Francisco, ante, p. 265, except the question now made as to the right of the city to maintain ejectment to recover land reserved by her for the purposes of a public street, under the provisions of the Van Hess Ordinance, and the legislative acts confirmatory thereof.
2. The question made as to the right of the city to maintain the action was made in the court below upon demurrer to the amended complaint. The amended complaint upon this point alleges as follows: “That…
2Cited by3 opinions
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