Hunt v. City of San Francisco
California Supreme Court
Appeal from the late Superior Court of the City of San Francisco. This was an action of assumpsit to recover the sum of $31,062. The complaint contains the common money counts, and also a count in the following language: “ And for further cause of action, plaintiff complains and says, that defendants at sundry times heretofore issued their warrants, executed and signed by the Controller of said City of San Francisco, amounting in the whole to the sum of thirty-one thousand…
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Appeal from the late Superior Court of the City of San Francisco. This was an action of assumpsit to recover the sum of $31,062. The complaint contains the common money counts, and also a count in the following language: “ And for further cause of action, plaintiff complains and says, that defendants at sundry times heretofore issued their warrants, executed and signed by the Controller of said City of San Francisco, amounting in the whole to the sum of thirty-one thousand and sixty-two dollars, and delivered the same to the several payees thereof.” “ And the plaintiff further shows, that…
1Opinion of the Court
1. The complaint contains two counts; first, a general common count for money paid for work and labor done, for goods, wares and merchandise. No more than one cause of action can be embraced in the same count; but perhaps, the remedy in that case is to move to strike out. *251We say that whatever may be the rule in general as to the common counts, no action can be maintained on them against a public municipal corporation.
The City of San Francisco was not authorized either under the Charter of 1851 or 1855 to create any general liabilities, as alleged in this count. A municipal corporation can…
Also in this document: Concurrence.
2Cases cited9 opinions
- Ruiz v. NortonCalifornia Supreme Court · 1854
- Reynolds v. JourdanCalifornia Supreme Court · 1856
- Lorraine v. LongCalifornia Supreme Court · 1856
- Town of Poultney v. Town of WellsSupreme Court of Vermont · 1826
- Holland v. City of San FranciscoCalifornia Supreme Court · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brown v. Board of Education of City of PomonaCalifornia Supreme Court · 1894
- Barron v. FrinkCalifornia Supreme Court · 1866
- Utah Ass'n of Credit Men v. BowmanUtah Supreme Court · 1911
- Bernstein v. DownsCalifornia Supreme Court · 1896
- Fallon & Co. v. United States Overseas Airlines, Inc.California Court of Appeal · 1961
4 more not listed; retrieve them via the Exa API.