Legal Opinion

City & County San Francisco v. Certain Real Estate

California Supreme Court

Decided January 15, 1872No. 3,216PublishedCited by 4 opinions

Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This was an action brought in accordance with section seven of the amendatory Act of February 1st, 1870 (Stats. 1869-70, p. 41), in reference to the collection of assessments for the “Second Street Cut” in San Francisco.

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Appeal from the District Court of the Fourth Judicial District, City and County of San Francisco. This was an action brought in accordance with section seven of the amendatory Act of February 1st, 1870 (Stats. 1869-70, p. 41), in reference to the collection of assessments for the “Second Street Cut” in San Francisco. It was an action in rem to subject certain real estate on the southeasterly side of Market street, one hundred and seventy-five feet southwesterly from Second street, to an assessment of four hundred dollars, imposed upon it by the Commissioners appointed under the original…

1Opinion of the Court

By the Court, Crockett, J.:

It is objected, in limine, that we ought not to entertain this appeal, for the reason that the judgment from which the appeal was taken was entered pro forma and by consent. If the record disclosed this fact, it would be our duty to dismiss the appeal, as we have repeatedly decided that we will not review judgments or orders entered by consent. (Stoddard v. Treadwell, 29 Cal. 282; Sleeper v. Kelly, 22 Cal. 456; Coryell v. Cain, 16 Cal. 572; Brotherton v. Hart, 11 Cal. 405; Imley v. Beard, 6 Cal. 666.) The order in this case, directing a judgment to be entered for…

2Cases cited5 opinions

  1. Coryell v. CainCalifornia Supreme Court · 1860
  2. Stoddard v. TreadwellCalifornia Supreme Court · 1865
  3. Imley v. BeardCalifornia Supreme Court · 1856
  4. Sleeper v. KellyCalifornia Supreme Court · 1863
  5. Brotherton v. HartCalifornia Supreme Court · 1858

3Cited by4 opinions

  1. Santa Barbara County Water Agency v. All Persons & PartiesCalifornia Supreme Court · 1957
  2. The Barber Asphalt Paving Co. v. JurgensCalifornia Supreme Court · 1915
  3. California Mutual Water Companies Ass'n v. Public Utilities CommissionCalifornia Supreme Court · 1955
  4. Santa Barbara County Water Agency v. All Persons & PartiesCalifornia Supreme Court · 1957

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