Miller & Lux v. Batz
California Supreme Court
APPEAL from Superior Court, Kern County. Mandamus by Miller & Lux against J. B. Batz, treasurer of Kern county. From a judgment refusing the writ plaintiff appeals. Affirmed.
1Opinion of the Court
CHIPMAN, C.
Mandamus. Plaintiff seeks to obtain a peremptory writ compelling defendant to pay to plaintiff, out of the swamp land fund of Kern county, the sum of $2,341.71, or as much thereof as that fund contained. The writ was refused, and plaintiff appeals from the judgment. The cause was submitted on an agreed statement of facts. The court made findings of fact, but both parties agree, and it is the law, that the finding’s should not be considered, and that this court should consider the agreed statement: Gregory v. Gregory, 102 Cal. 50, 36 Pac. 364; McMenomy v. White, 115 Cal. 339, 47…
Also in this document: Per curiam.
2Cases cited3 opinions
- Gregory v. GregoryCalifornia Supreme Court · 1894
- McMenomy v. WhiteCalifornia Supreme Court · 1896
- Carpenter v. San Francisco Savings UnionCalifornia Supreme Court · 1900
3Cited by2 opinions
- Miller & Lux v. BatzCalifornia Supreme Court · 1901
- Miller & Lux v. BatzCalifornia Supreme Court · 1904