People ex rel. Board of State Harbor Commissioners v. Central Wharf Joint Stock Co.

California Supreme Court

People ex rel. Board of State Harbor Commissioners v. Central Wharf Joint Stock Co.

1 Cal. Unrep. 319

CourtCalifornia Supreme Court

DecidedOctober 8, 1866

DocketNo. 800

StatusPublished

This text of 1 Cal. Unrep. 319 (People ex rel. Board of State Harbor Commissioners v. Central Wharf Joint Stock Co.) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Board of State Harbor Commissioners v. Central Wharf Joint Stock Co., 1 Cal. Unrep. 319 (Cal. 1866).

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Opinion

SANDERSON, J.

That the so-called “legislative assembly of the district of San Francisco” and the ayuntamiento of San Francisco did not possess the power which they exercised, or attempted to exercise in this case, is too obvious for argument. The first was an illegal and unauthorized body and their assumption of legislative functions a usurpation. The confirmation by the ayuntamiento imparted- no validity to the previous grant of the “legislative assembly of the district of San Francisco” for the reason that that body did not itself possess the power to make such a grant and could not therefore confirm and make valid a previous void -grant.

Judgment affirmed.

We concur: Shafter, J.; Rhodes, J.; Currey, C. J.; Sawyer, J.

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SANDERSON, J.

That the so-called “legislative assembly of the district of San Francisco” and the ayuntamiento of San Francisco did not possess the power which they exercised, or attempted to exercise in this case, is too obvious for argument. The first was an illegal and unauthorized body and their assumption of legislative functions a usurpation. The confirmation by the ayuntamiento imparted- no validity to the previous grant of the “legislative assembly of the district of San Francisco” for the reason that that body did not itself possess the power to make such a grant and could not therefore confirm and make valid a previous void -grant.

Judgment affirmed.

We concur: Shafter, J.; Rhodes, J.; Currey, C. J.; Sawyer, J.

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Bluebook (online)

1 Cal. Unrep. 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-board-of-state-harbor-commissioners-v-central-wharf-joint-cal-1866.