Smith v. Morse
California Supreme Court
Appeal from the Superior Oourt of the City of San Francisco. The statement of facts in this case sets forth the Act of 15th April, 1850, incorporating the City of San Francisco, art. 1, and 2d section of which gives the city the right to “ grant, purchase, hold, and receive property, real and personal, within said city, and to lease, sell, and dispose of the same for the benefit of the city.”
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Appeal from the Superior Oourt of the City of San Francisco. The statement of facts in this case sets forth the Act of 15th April, 1850, incorporating the City of San Francisco, art. 1, and 2d section of which gives the city the right to “ grant, purchase, hold, and receive property, real and personal, within said city, and to lease, sell, and dispose of the same for the benefit of the city.” Section 1st of art, 2d, allows the Mayor and Common Council “ to borrow money and pledge the faith of the City, therefor, provided the aggregate amount of the debts of the City should never exceed three…
1Opinion of the Court
The opinion of the Court was delivered by Chief Justice Murbay, with which Anderson, Justice, concurred.
*536This cause was tried by the Court below, setting as a jury, and the following verdict returned, viz.
“ 1st. The plaintiff recovered judgments against the city of San Francisco, as alleged in the complaint, supplemental and amended complaint, to wit:—The first, on the 25th day of February, 1851, in the sum of $19,592 with interest at the rate of three per cent, per month, and costs; the second, on the 4th day of March, 1851, in the sum of $45,548 82 with interest at the rate of three per…
2Cases cited1 opinion
- Bank of Columbia v. SweeneySupreme Court of the United States · 1829
3Cited by28 opinions
- Hart v. BurnettCalifornia Supreme Court · 1860
- Frink v. RoeCalifornia Supreme Court · 1886
- Teralta Land & Water Co. v. ShafferCalifornia Supreme Court · 1897
- Bailey v. City of RaleighSupreme Court of North Carolina · 1902
- Holladay v. FrisbieCalifornia Supreme Court · 1860
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