City & County of San Francisco v. Itsell

Citations

• 80 Cal. 57
• 22 P. 74
• 1889 Cal. LEXIS 857

Syllabus

<p>Public Squares in San Francisco—Power of City Authorities to Dispose of Them. — The city of San Franoisco-holds its public squares in trust for the public, and the municipal authorities have no authority to dispose of them by way of compromise or otherwise.</p> <p>Id.—Power of the Legislature to Ratify Such Compromise.—The legislature has no power to ratify an .ordinance of the municipal authorities disposing of land granted to the cityto he held in trust for the public.</p> <p>Judgment — Bar. —A judgment in favor of the predecessor of the defendant and against the city, in an action involvingthe same issues,“adjudging that the city had no title to a portion of the square in controversy, is conclusive against the city and in favor of the defendant.</p> <p>Verification of Answer in Suit by the City.—The defendants in an action brought by the city are not required to verify their answers if the complaint was not verified.</p> <p>Id, — Objection for Want of Verification, — If a plaintiff goes to trial without objection for the want of a verification of the answer, he cannot raise the question after a decision is rendered against him.</p>