Phelan v. County of San Francisco

Citations

• 6 Cal. 531

Syllabus

<p>The law conferring other than judicial functions upon the Courts of Sessions was unconstitutional and void; and any contract, not incident to their judicial functions, made by a Court of Sessions, under its provisions, is a nullity.</p> <p>Such a contract being void, could not be made valid by subsequent ratification of the board of supervisors.</p> <p>But, conceding that the purchase, by the Court of Sessions, of a lot of land for a Courthouse was not void, but only voidable, the subsequent action of the board of supervisors of the county, in taking care of and preserving the property, is not a ratification of the purchase which will bind the county.</p> <p>To charge them, it should be shown that they acted with a full knowledge of the facts.</p> <p>A deliberative body, like the board of supervisors, cannot be bound by acts in pais/ the best and only evidence of its intentions is to be drawn. from the record of its proceedings.</p> <p>Moreover, such a deed was void for want of competent parties; as, at the time of the sale, there was no person, natural or artificial, in esse, capable of taking it.</p>