Alemany v. City of Petaluma

Citations

• 38 Cal. 553

Syllabus

<p>Construction op Pleadings. —The whole pleading must he construed together; and it is not proper to eliminate, a single paragraph from an answer, and give effect to it as a denial, when it appears from the contest, and other portions of it, that the denial was intended to he hypothetical.</p> <p>Cities and Towns on Public Lands—Policy of Congressional Legislation delating thereto. — In legislating in respect to towns which had already grown up on the public domain, and others thereafter to bo established, Congress had in view two objects, to wit: First—To protect the equitable rights of those in the dona fide occupation of lots in towns already established, and to enable persons to acquire small parcels at a nominal price in towns thereafter to be located ; Second—To enable the inhabitants of the existing or proposed town to establish proper streets, blocks and squares adapted to the particular locality.</p> <p>Idem—Construction of the Act of Congress of July 1st, 1864.—In attempting to avail themselves of the Act of July 1st, 1864, the Trustees of the Town of Petaluma had no power to change the plan of the town in such manner as to , convert into a street, alley or public square, land which, under the previous existing plan, was a municipal division, intended for private use, and actually occupied for that purpose.</p>