Hanke v. McLaughlin
California Court of Appeal
APPEAL from a judgment and order of the Superior Court of Fresno County sustaining a demurrer to a petition for a writ of mandate. H. Z. Austin, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHall, J.
This purports to be an appeal from a judgment and order “sustaining the demurrer of defendant to plaintiff's petition herein.” The petition was one for a writ of mandate against the defendant as city clerk of the city of Sanger.
The record before us discloses that the court sustained defendant’s demurrer to plaintiff’s petition, but it does not disclose that any judgment, either denying or dismissing the petition, was ever rendered or entered. The notice of appeal in the record purports to be an appeal “from that certain order and judgment . . . sustaining the demurrer of defendant to…
2Cases cited12 opinions
- Foley v. FoleyCalifornia Supreme Court · 1898
- Agard v. ValenciaCalifornia Supreme Court · 1870
- Kimple v. ConwayCalifornia Supreme Court · 1886
- Wood, Curtis Co. v. Missouri Etc. Ry. Co.California Supreme Court · 1907
- Hibberd v. SmithCalifornia Supreme Court · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ross v. O'BRIENCalifornia Court of Appeal · 1934
- People v. AdamsonCalifornia Supreme Court · 1949
- Mann v. MuellerCalifornia Court of Appeal · 1956
- Southern California Telephone Co. v. DamensteinCalifornia Court of Appeal · 1947
- Worth v. WittCalifornia Court of Appeal · 1923
1 more not listed; retrieve them via the Exa API.