People of San Francisco v. McCain
California Supreme Court
People of San Francisco v. McCain, 50 Cal. 210 (Cal. 1875)
1875 Cal. LEXIS 127
Crockett
People of San Francisco v. McCain
Opinion of the Court
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.
Reference
- Full Case Name
- THE PEOPLE OF THE CITY AND COUNTY OF SAN FRANCISCO v. JOHN S. McCAIN
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 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.