Phelan v. City & County of San Franciso

Citations

• 20 Cal. 39

Syllabus

<p>The doctrine that Courts of Sessions cannot, under the Constitution, be invested with any other than judicial functions, is firmly established by previous decisions, and is no longer open to discussion.</p> <p>Burgoyne v. Supervisors of San Francisco (5 Cal. 9) and Phelan v. The County of San Francisco, (6 Cal. 531) commented upon and affirmed as to this point.</p> <p>A ruling by the appellate Court upon a point distinctly made upon a previous appeal, is in all subsequent proceedings in the same case a final adjudication, from the consequences of which the Court cannot depart nor the parties relieve themselves.</p> <p>Davidson v. Dallas (15 Cal. 75) affirmed on this point.</p>