Opinion

Oakland Paving Co. v. Hilton

  • 69 Cal. 479
  • 11 P. 3
  • 1886 Cal. LEXIS 672
Court
California Supreme Court
Filed
May 1, 1886
Status
Published
Author
McKinstrysharpstein
On the bench
McKinstry, Sharpstein, Thornton
Cited by
100 cases

providing that a summons must “be directed to the defendant”

How later courts described this case

  • providing that a summons must “be directed to the defendant”
  • constitution is law absolutely controlling the legislature, executive, and judicial departments and its provisions “take effect on laws already passed as well as to those to be enacted in the future”
  • although prospective, constitutional amendment annulled any statute then in force or which might thereafter be passed inconsistent with its provisions

Written by the judges who cited it.

The opinion

McKinstry, J., and Sharpstein, J., concurring.

We concur in the judgment. In our opinion, the act of April 4, 1864, as amended by the act of March 29, 1870, is still in force. The affidavit for mandamus fails to show that the acts above mentioned were complied with.

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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