City of Oakland v. Hogan

An appeal from a judgment in favor of defendants following an order sustaining their demurrers to an amended complaint which plaintiff, although granted leave to do so, did not elect to further amend.

The proceeding was instituted by the City of Oakland, a municipal corporation, by and through its Board of Port Commissioners; it is in the nature of quo warranto and was brought under the provisions of section 811 of the Code of Civil Procedure (Stats. 1937, chap. 575, p. 1616) to determine the authority of respondents to operate and maintain a wharf within the territorial limits of the City of…