Holland v. City of San Francisco
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. Holland, the plaintiff in the Court helow, brought this action in the form of money had and received, against the city of San Francisco, to recover back the sum of four thousand and seventy-eight dollars, which he had paid defendant on account of certain real estate he had purchased of her at a public sale, on the twenty-sixth of December, 1853. The answer of defendant set up…
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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. Holland, the plaintiff in the Court helow, brought this action in the form of money had and received, against the city of San Francisco, to recover back the sum of four thousand and seventy-eight dollars, which he had paid defendant on account of certain real estate he had purchased of her at a public sale, on the twenty-sixth of December, 1853. The answer of defendant set up that the ordinance under which the sale was made had become valid by virtue of an ordinance passed subsequently thereto,…
1Opinion of the CourtBurnett, J.
This case was decided at the last October Term, and a rehearing had at the present term. The great importance of the question involved, the large interest to be affected, and the researches of the eminent counsel employed on both sides of the case, have thrown upon the Court a great amount of labor, and greater resposibility. I have given the case the most patient examination my other duties would permit.
The first question naturally presented by the record, and the briefs in the case, is, whether the city of San Francisco, under the provisions of her charter, can make a valid sale of her real…
2Cases cited1 opinion
- City of San Francisco v. HazenCalifornia Supreme Court · 1855
3Cited by7 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Davoust v. City of AlamedaCalifornia Supreme Court · 1906
- Mott v. HorstmannCalifornia Supreme Court · 1950
- Newman v. City of EmporiaSupreme Court of Kansas · 1884
- Fox v. Board for Louisville & Jefferson County Children's HomeCourt of Appeals of Kentucky (pre-1976) · 1932
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