Sullivan

City & County of San Francisco v. Sullivan

Good Law
50 Cal. 603
Supreme Court of CaliforniaJuly 1, 1875No. 4342California489 words

Opinion

lead Opinion

1. All the questions made by the appellant here were considered and determined by us in the case of Hoadley v. San Francisco, ante, p. 265, except the question now made as to the right of the city to maintain ejectment to recover land reserved by her for the purposes of a public street, under the provisions of the Van Hess Ordinance, and the legislative acts confirmatory thereof.

2. The question made as to the right of the city to maintain the action was made in the court below upon demurrer to the amended complaint. The amended complaint upon this point alleges as follows: “That a street commonly known as West Mission street, including the premises hereinafter mentioned, for sixteen years and upwards last past, has been, and is, a public street of the city and county of San Francisco, for all of the citizens of the State of California to pass and repass upon as an open public street and highway, at their pleasure. That subject to the right of said citizens to pass and repass as aforesaid, over and upon said lands, the city and county of San Francisco is the owner, and entitled to the possession thereof, for sixteen years and upwards last past.” The demurrer was correctly…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.