109 Cal. 140, 18380, Capital Gas Co. v. Young

Docket Nº:18380
Citation:109 Cal. 140, 41 P. 869
Opinion Judge:SEARLS, Judge
Party Name:CAPITAL GAS COMPANY, Respondent, v. J. D. YOUNG, Auditor of the City of Sacramento, Appellant
Attorney:J. Frank Brown, and Clinton L. White, for Appellant. A. L. Hart, for Respondent.
Judge Panel:JUDGES: Searls, C. Vanclief, C., and Haynes, C., concurred. Garoutte, J., Van Fleet, J., Harrison, J.
Case Date:September 18, 1895
Court:Supreme Court of California
 
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Page 140

109 Cal. 140

41 P. 869

CAPITAL GAS COMPANY, Respondent,

v.

J. D. YOUNG, Auditor of the City of Sacramento, Appellant

No. 18380

Supreme Court of California

September 18, 1895

         Department One

         Appeal from a judgment of the Superior Court of Sacramento County. A. P. Catlin, Judge.

         COUNSEL:

         J. Frank Brown, and Clinton L. White, for Appellant.

         A. L. Hart, for Respondent.

         JUDGES: Searls, C. Vanclief, C., and Haynes, C., concurred. Garoutte, J., Van Fleet, J., Harrison, J.

         OPINION

          SEARLS, Judge

          [41 P. 870] The Capital Gas Company, a corporation organized and existing under the laws of the state of California, is, and for more than twelve years last past has been, engaged in the business of furnishing gas to the residents of the city of Sacramento (a municipal corporation), and to consumers generally, for profit, and has had shares of stock issued to and held by divers persons, and C. H. Cummings is, and for more than one year last past has been, the duly appointed and acting secretary of said corporation.

         The said corporation has, during a period of more than twelve years last past, been engaged in said business under and pursuant to certain franchises duly granted to it by said city of Sacramento.

         On the eleventh day of January, 1882, the board of trustees of said Capital Gas Company, by resolution regularly passed, fixed the price to be paid by consumers

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thereof at three dollars for each thousand cubic feet.

         J. D. Young, the appellant herein, is, and for more than three years last past has been, the duly elected and qualified auditor of said city of Sacramento, and under the provisions of the charter thereof, duly adopted, it is the duty of said auditor to draw and sign all warrants upon the treasury for claims against said city which have been allowed by the board of trustees thereof.

         The fire department is, and for more than one year prior to 1894 was, one of the departments of the municipal government of the city of Sacramento.

         At all the times herein mentioned B. U. Steinman was and still is the holder and owner of stock in said Capital Gas Company, and was and still is the president of said company, and since the first Monday in January, 1894, has been and still is the duly elected and acting mayor of said city of Sacramento.

         Between the first day of February, 1894, and the first day of March, 1894, the fire department of the city of Sacramento used and consumed eight thousand six hundred cubic feet of gas, furnished and distributed by the Capital Gas Company, which gas, according to the rate fixed as aforesaid, was of the value of twenty-five dollars and eighty cents, and thereafter, and on the 1st of March, 1894, the said gas company presented...

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