People of San Francisco v. McCain (1875) · DecisionDepot

People of San Francisco v. McCain

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 4141Published

Before: Crockett

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Holding. The court held that a publication in the Chronicle was insufficient because it failed to meet the statutory requirement of five days of publication, excluding Sundays and nonjudicial days.

Issues

Whether a four-day publication in the Chronicle satisfied the statutory requirement of five days, excluding Sundays and nonjudicial days.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The statute required the publication to be made for five days, “Sundays and nonjudicial days excepted,” and the publication in the Chronicle was for four days only, exclusive of the last day, which was Sunday, and therefore not to be counted.”

Synopsis

Imfbovement of Stbeet in San Fbanoisoo.—A resolution of intention to improve a street in San Francisco, under the act of April 4, 1870, must be published five days, exclusive of Sundays or non-judicial days; and if the last day of a publication of five days falls on Sunday, the Board does not acquire jurisdiction.

By the Court, Crockett, J.: The court below was correct in holding the publication in the Chronicle to be insufficient. The statute required the publication to be made for five days, “Sundays and nonjudicial days excepted,” and the publication in the Chronicle was for four days only, exclusive of the last day, which was Sunday, and therefore not to be counted.

Judgment affirmed. Remittitur forthwith.

Mr. Chief Justice Wallace did not express an opinion.

People of San Francisco v. McCain

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