From Casetext: Smarter Legal Research

Antonelle v. Board of New City Hall Comm'rs

Supreme Court of California
Dec 11, 1891
92 Cal. 228 (Cal. 1891)

Opinion

         Department Two

         Appeal from a judgment of the Superior Court of the city and county of San Francisco.

         COUNSEL

          W. W. Bishop, and G. H. Perry, for Appellants.

          Langhorne & Miller, for Respondents.


         JUDGES: McFarland, J. De Haven, J., and Sharpstein, J., concurred.

         OPINION

          McFARLAND, Judge

         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.


Summaries of

Antonelle v. Board of New City Hall Comm'rs

Supreme Court of California
Dec 11, 1891
92 Cal. 228 (Cal. 1891)
Case details for

Antonelle v. Board of New City Hall Comm'rs

Case Details

Full title:JOSEPH S. ANTONELLE et al., Respondents, v. BOARD OF NEW CITY HALL…

Court:Supreme Court of California

Date published: Dec 11, 1891

Citations

92 Cal. 228 (Cal. 1891)
28 P. 270

Citing Cases

Moreno Mutual Irrigation Co. v. Beaumont Irrigation Dist.

And said that: "[S]uch questions cannot be again contested between the same parties in the same or any other…

Stewart v. Langer

"Findings having been waived, every intendment is in favor of the judgment, and, therefore, upon all of the…