Kelley v. Kingsbury

THE COURT.

Alleging that he has fully complied with all the preliminary requirements of the “Mineral Leasing Act” (Stats. 1921, p. 404), petitioner has applied for a writ of mandate to compel the respondent to issue a permit to him to prospect for oil and gas upon certain designated tide lands located within the Elwood oil-field. Upon issuance of the alternative writ the respondent interposed a general demurrer and filed a return to the writ.

In the return the respondent alleges that on September 7, 1928, which was long before petitioner made an application for permission to lease, the…