Official Opinions of Percy V. Long, City Attorney of the City And County of San Francisco, State of California 1908-09
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San Francisco, and the People ex rel. Bryant vs. Holladay were pleaded in bar. The judgment in Holladay vs. San Francisco, not having been appealed from, and the action having been commenced after the passage of the Act of Congress of July i, 1864, was held to be a bar against the recovery by the City and County. People, etc., ex rel. Bryant vs. Holladay was retried and judgment was again rendered in favor of the defendant. On appeal and rehearing the Supreme Court (93 Cal., 241) affirmed the j...udgment, holding that Holladay vs. San Fran- cisco (supra) was a bar to recovery (102 Cal., 661). In the retrial of this case in the lower court a supplemental answer was filed putting the remaining one-twentieth in issue, and the judgment gave the entire twenty-twentieths to Holla- day. This case was carried to the United States Supreme Court by the City and County and was there dismissed for want of jurisdiction. (40 L. Ed. Sup. Ct. Rep. 202.) The foregoing is the history of the litigation concerning the Holladay title to the six 50-vara lots within the boundaries of Lafayette Park.
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