Opinion

Stockton v. Common Council of Stockton

  • 41 Cal. 147
Court
California Supreme Court
Filed
Jul 1, 1871
Status
Published
Author
Sprague
On the bench
Crockett, Sprague, Temple, Wallace
Cited by
35 cases
Authority
More cited than 25.9%

The opinion

Sprague, J., concurring:

I concur in the order solely upon the ground that I cannot now .regard the questions involved in this ease as open questions in this State under our Constitution as it is. This Court having, by a uniform line of decisions, commencing with Patterson v. Marysville, 13 Cal. 175 , sustained and sanctioned laws substantially obnoxious to the same constitutional objections as the statute involved in this case, the questions should be considered settled. Could I regard the questions involved as original in this State, I should not hesitate in *202 denying the order asked by the petitioner, notwithstanding the long array of authorities from other States to the contrary.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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