# Atherton v. Board of Supervisors of San Mateo Couty

> California Supreme Court · July 1, 1874 · 48 Cal. 157

URL: https://www.frixlaw.com/law-library/cases/5438335

## Case

- **Full name:** FAXON D. ATHERTON v. THE BOARD OF SUPERVISORS OF SAN MATEO COUNTY
- **Court:** California Supreme Court
- **Decided:** July 1, 1874
- **Citations:** 48 Cal. 157
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Wallace
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5438335

## Opinion text

By the Court, on petition for rehearing.
Upon the argument of the cause the question presented by counsel was understood to be one of law alone—any possible issue of fact being expressly waived—and the decision of the Court was of course confined to the mere question of law involved. It is too late now to suggest, upon petition for rehearing, that, after all, there are questions of fact which the petitioner desires to have determined, and upon which he might have relied, had he chosen to do so.
Rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5438335. Public record. Not legal advice.