# People ex rel. Hastings v. Kewen

> California Supreme Court · March 30, 1886 · 69 Cal. 215

URL: https://www.frixlaw.com/law-library/cases/5442501

## Case

- **Full name:** THE PEOPLE, etc., ex rel. S. C. Hastings v. PERRIE KEWEN
- **Court:** California Supreme Court
- **Decided:** March 30, 1886
- **Citations:** 69 Cal. 215; 10 P. 393; 1886 Cal. LEXIS 656
- **Precedential status:** Published
- **Opinion:** Concurrence by McKinstry
- **Judges:** McKinstry, Myrick
- **Cited by:** 5 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/5442501

## Opinion text

McKinstry, J., concurring.
I concur. Taking it for granted (as is assumed by the respondent) that prior to the adoption of the present constitution of the state the Hastings Law College had “ affiliated ” with the university, I agree that the attempted changes in its organization, by statutes passed after the constitution was adopted, were attempted changes in the “form and character" of the university prohibited by article 9, section 9. In saying this I neither take judicial notice of an affiliation, nor hold that the fact is, for all purposes, determined by Foltz v. Hoge, 54 Cal. 28 ; but rest my concurrence upon the failure of the complaint to aver that such affiliation had not taken place, and upon averments in the complaint which assume it, as well as on the express claim of ’counsel for fespondent in their points and authorities.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5442501. Public record. Not legal advice.