Green v. State
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County. On and prior to the 9th of April, 1862, the plaintiffs were the owners of certain lands situated on the west bank of the Sacramento River, about one half mile above the point at which the American River, through its natural channel, emptied into the Sacramento.
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Appeal from a judgment of the Superior Court of Sacramento County. On and prior to the 9th of April, 1862, the plaintiffs were the owners of certain lands situated on the west bank of the Sacramento River, about one half mile above the point at which the American River, through its natural channel, emptied into the Sacramento. On that day an act was passed by the legislature creating a levee commission for the city of Sacramento, and authorizing the commissioners to straighten the channel of any portion of the American River where they deemed the same necessary for the protection of the city…
1Opinion of the CourtTemple, J.
This appeal has already been twice decided, once in Department, and once by the court in Bank. In each decision the judgment was affirmed on *32the authority of Green v. Swift, 47 Cal. 536. The court held that, inasmuch as the question was there determined by the highest judicial tribunal existing under the former constitution, and as the former constitutional provision involved has been changed, they would not reconsider the conclusion there reached.
The last rehearing was granted because the court was impressed by the positive and confident assertion of counsel that the court had entirely…
2Cases cited3 opinions
- Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Green v. SwiftCalifornia Supreme Court · 1874
3Cited by28 opinions
- Gray v. Reclamation District No. 1500California Supreme Court · 1917
- Fristoe v. Leon & H. BlumTexas Supreme Court · 1898
- People v. Superior CourtCalifornia Supreme Court · 1947
- State v. ElliottCourt of Appeals of Texas · 1919
- Melvin v. StateCalifornia Supreme Court · 1898
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