Legal Opinion

Minges v. Board of Trustees

California Court of Appeal

Decided March 20, 1915No. Civ. No. 1374PublishedCited by 19 opinions

APPLICATION for a Writ of Mandate originally made in the District Court of Appeal for the Third Appellate District to compel the Board of City Trustees to adopt an ordinance or call a special election. The facts are stated in the opinion of the court.

1Opinion of the CourtChipman, P. J.

It is sought by plaintiff to compel defendants by writ of mandamus either to adopt and pass a certain ordinance, or to call a special election at which said ordinance should be submitted to a vote of the electors of said city. No question arises as to the sufficiency of the petition in respect of its form or the number of petitioners or that they had the right, under the initiative and referendum statute, approved January 2, 1912 (Stats. 1911, (Ex. Sess.), p. 131), to propose the said ordinance as an initiative measure.

The objections arise on a general demurrer and are: 1. That it nowhere…

2Cases cited2 opinions

  1. Bergevin v. CurtzCalifornia Supreme Court · 1899
  2. Davenport v. City of Los AngelesCalifornia Supreme Court · 1905

3Cited by19 opinions

  1. Galvan v. Superior CourtCalifornia Supreme Court · 1969
  2. Garrison v. RourkeCalifornia Supreme Court · 1948
  3. Chester v. HallCalifornia Court of Appeal · 1921
  4. City of San Diego v. ShapiroCalifornia Court of Appeal · 2014
  5. People Ex Rel. Pennington v. City of RichmondCalifornia Court of Appeal · 1956

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