Opinion

Antonelle v. Board of New City Hall Commissioners

  • 92 Cal. 228
  • 28 P. 270
  • 1891 Cal. LEXIS 1202
Court
California Supreme Court
Filed
Dec 11, 1891
Status
Published
Author
McFarland
On the bench
McFarland
Cited by
7 cases
Authority
More cited than 93.0%

The opinion

McFarland, J.

This is an appeal from a judgment of the superior court, in a proceeding in mandamus, commanding the board of new city hall commissioners to allow a certain demand of respondents payable out of the new city hall fund. The transcript consists merely of the pleadings, the judgment, and a notice of appeal therefrom. The case was tried without a jury, and findings were waived. The complaint (or petition) states facts sufficient to constitute a cause of action, and to authorize the issuance of the writ prayed for, and was attacked only by a general demurrer. All the issues made by the pleadings are presumed to have been found in favor of the petitioners. We are unable, therefore, to see any opening for an attack on the judgment.

Judgment affirmed.

De Haven, J., and Sharpstein, J., 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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