Opinion

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

  • 1 Cal. Unrep. 319
Court
California Supreme Court
Filed
Oct 8, 1866
Status
Published
Author
Sanderson
On the bench
Currey, Rhodes, Sanderson, Sawyer, Shafter
Cited by
0 cases

The 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.

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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