Legal Opinion · Dissent

People v. City of Pomona

California Court of Appeal

Decided November 12, 1948No. Civ. 16390Published

1DissentWilson, J.

I dissent. To affirm the judgment in this

case is to ignore the indubitable and unquestioned facts shown by the exhibits and by the entire evidence, other than that of the city officials upon which the majority of this court rely, and to accept the testimony of the latter as statements of fact, whereas their evidence consists of conclusions unsupported by facts. The majority opinion disregards and disavows every principle of law stated in People v. City of Los Angeles, 62 Cal.App. 781 [218 P. 63].

The trial court found (1) that the closing up, vacating and abandoning of the portion of…

2Cases cited20 opinions

  1. Herbert v. LankershimCalifornia Supreme Court · 1937
  2. Smith v. McDowellIllinois Supreme Court · 1893
  3. Fewel & Dawes, Inc. v. PrattCalifornia Supreme Court · 1941
  4. Ligare v. City of ChicagoIllinois Supreme Court · 1891
  5. Kansas City v. HydeSupreme Court of Missouri · 1906

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