Herzo v. City of San Francisco
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 4th day of November, 1852, the Common Council of San Francisco passed an ordinance declaring that the space of land and water lying between Clay and Sacramento streets, and Davis street and the deep waters of the bay, was set apart and dedicated to public use as a free public dock for ships, provided that the ordinance should not prevent the Common Council from altering or…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. On the 4th day of November, 1852, the Common Council of San Francisco passed an ordinance declaring that the space of land and water lying between Clay and Sacramento streets, and Davis street and the deep waters of the bay, was set apart and dedicated to public use as a free public dock for ships, provided that the ordinance should not prevent the Common Council from altering or annulling the grant. On the 5th day of December, 1853, the Common Council passed an ordinance providing for the sale of said…
1Opinion of the Court
By the Court, Rhodes, J.:
This is one of a large class of cases, usually called the “ City Slip Cases,” which are brought by the purchasers of certain lots from the city, to recover back the purchase money. Most of the material facts in this case are the same as those in McCracken v. San Francisco, 16 Cal. 621; Grogan v. San Francisco, 18 Cal. 610; Pimental v. San Francisco, 21 Cal. 351; and Satterlee v. San Francisco, 23 Cal. 314. Those cases received the most careful and laborious consideration of the Court, and deservedly so, for they involved important questions touching the powers, rights…
2Cases cited5 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
- Pimental v. City of San FranciscoCalifornia Supreme Court · 1863
- Grogan v. City of San FranciscoCalifornia Supreme Court · 1861
- Satterlee v. San FranciscoCalifornia Supreme Court · 1863
3Cited by13 opinions
- Ex Parte FrankCalifornia Supreme Court · 1878
- State ex rel. Rosenstock v. SwiftNevada Supreme Court · 1876
- Agawam National Bank v. Inhabitants of South HadleyMassachusetts Supreme Judicial Court · 1880
- Union Bank & Trust Co. v. County of Los AngelesCalifornia Court of Appeal · 1934
- McCoy v. BriantCalifornia Supreme Court · 1878
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