Legal Opinion

Cowles v. City of Oakland

Appellate Division of the Superior Court of California

Decided February 2, 1959No. Civ. A. No. 268Published

1Opinion of the CourtChamberlain, J.

This is an appeal by the plaintiff from a judgment in favor of the defendant, rendered after the municipal court had sustained defendant’s demurrer to the complaint without leave to amend.

By the complaint and an amendment thereto, neither of which is a model of pleading, the plaintiff seeks to recover from the defendant the sum of $12 which he alleges he paid to the city license fee collector “under duress and fear of criminal prosecution” for the issuance of an annual “Municipal Permit” in October, 1957, pursuant to the provisions of a 1932 city ordinance.

The further allegations of the…

2Cases cited10 opinions

  1. People v. McCreeryCalifornia Supreme Court · 1868
  2. Perry v. WashburnCalifornia Supreme Court · 1862
  3. City of Madera v. BlackCalifornia Supreme Court · 1919
  4. Country of Plumas v. WheelerCalifornia Supreme Court · 1906
  5. Yosemite Lumber Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1922

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