Guy v. Hermance
Cases that cite this one
12 later published cases cite this decision.
- Mandel v. Myers (Cal. 1981)
- City of Berkeley v. Superior Court (Cal. 1980)
- City of Norwood v. Horney (Ohio 2006)
- People Ex Rel. Attorney General v. Donovan (Mich. 1924)
- Hobart v. Hall (U.S. Circuit Court for the District of Minnesota 1909)
- Miller v. Mendenhall (Minn. 1890)
- Watson v. Wigginton (W. Va. 1886)
- People v. Williams (Cal. 1884)
- Huntington v. Central Pac. R. (U.S. Circuit Court for the District of California 1874)
- Tucker v. Kenniston (N.H. 1867)
- Englund v. Lewis (Cal. 1864)
- Bayerque v. Cohen (United States Circuit Courts 1856)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Murray, C. J., concurred.
1. The right of the State to lands under water where the tide ebbs and flows, is founded upon her sovereign control over the easement, or right of navigation. Where, therefore, the easement is destroyed, the right of the State ceases, except to prosecute for perpresture, and have the easement restored.
2. The Legislature cannot exercise judicial functions, and therefore cannot except one case, or one party, from the operation of a. general rule of law, either as to right or remedy. That portion therefore of the Act of May, 1853, entitled, “ An Act to provide for the sale of the interest of the State of California in the property within the water
3. The right of a party to have his title to land protected from a sale which might create a cloud upon it, was upheld by this Court in the cases of Smith v. Morse, 2 Cal. 524. Shattuck v. Carson, 2 Cal. 588
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.