People v. Hibernia Savings & Loan Society

This action was brought to require defendant to remove certain obstructions from an alleged street called Olive Avenue, in the city of San Francisco, running from Larkin Street, westerly, to Polk Street, through the center of block 9 of the Western Addition, between Ellis and O’Farrell and Larkin and Polk streets, and being of the width of thirty-five feet, and to have said Olive Avenue adjudged to be a public highway. Judgment went for plaintiffs in the court below, and the defendant appeals from the judgment, and from an order denying a new trial.

Practically the only question in the case is, whether or not the findings of fact are justified by the evidence; for those findings clearly support the conclusions of law and the judgment, and the assigned errors of law occurring at the trial are unimportant.

The court finds, in brief, that in the year 1861 Jacob Beideman was the owner of the premises described in the complaint, and of the northerly half of said block 9, which was 275 feet wide from O’Farrell to Ellis streets; that in January of that year Beideman made and filed in the recorder's office a map of lands, including said block 9, upon which the premises described in the…