Opinion

San Joaquin Light & Power Corp. v. City of Madera

  • 175 Cal. 229
  • 165 P. 701
  • 1917 Cal. LEXIS 658
Court
California Supreme Court
Filed
Jun 1, 1917
Status
Published
Author
Angellotti
On the bench
Angellotti
Cited by
0 cases
Authority
More cited than 34.9%

The opinion

*230

ANGELLOTTI, C. J.

Mandamus

to compel auditing and payment of a claim of plaintiff against the city of Madera. The superior court gave judgment for defendants, and on appeal by plaintiff to the district court of appeal of the third appellate district the justices of that court were unable to agree upon a judgment. The appeal was therefore transferred to this court for determination.

In all material aspects the case here presented is the same as that of

Arthur

v.

City of Petaluma, ante,

p. 216, [ 165 Pac. 698 ]. It is sought to enforce payment against revenues of the fiscal year 1915-16 resulting from tax levies made by the board of trustees of the city, without any authorization by the electors, of a claim of $2,108.75 for electrical power and energy, lights and lighting, material and labor furnished the city during

previous

fiscal years. The claim has been reduced to judgment, and the proceedings were in accord with the act of March 23, 1901, referred to in the opinion in that case.

The decision in

Arthur

v.

Petaluma, ante,

p. 216, [ 165 Pac. 698 ], controls here, and therefore the judgment of the superior court in favor of defendants must be held to be correct.

The judgment is affirmed.

Shaw, J., Sloss, J., Melvin, J., Henshaw, J., and Victor E. Shaw, J.,

pro tem.,

concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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