Legal Opinion

Frederick v. City of San Luis Obispo

California Supreme Court

Decided September 25, 1897No. L. A. No. 122PublishedCited by 14 opinions

APPEAL from a judgment of the Superior Court of San Luis Obispo County. W. B. Cope, Judge. The facts axe stated in the opinion of the court'.

1Opinion of the Court

THE COURT.

Mandamus. the court below awarded a peremptory writ requiring the board of- trustees of San Luis Obispo to call an election on the question of disincorporating the municipality under the act (Stats. 1895, p. 115) to provide for the disincorporation of cities of the sixth class. It is contended bn appeal tbat plaintiffs complaint or affidavit—to wbicb defendant interposed a demurrer—did not make a case for the issuance of the writ.

Said act makes it the duty of the board of trustees to call an election for the purpose stated upon receiving a petition in that behalf signed by not less…

2Cases cited4 opinions

  1. Hyatt v. AllenCalifornia Supreme Court · 1880
  2. Wiedwald v. DodsonCalifornia Supreme Court · 1892
  3. Eby v. Board of School Trustees of Red Bank School DistrictCalifornia Supreme Court · 1890
  4. Linden v. Board of SupervisorsCalifornia Supreme Court · 1872

3Cited by14 opinions

  1. Conn v. City CouncilCalifornia Court of Appeal · 1911
  2. Town of South Tucson v. Board of SupervisorsArizona Supreme Court · 1938
  3. American Distilling Co. v. City Council of SausalitoCalifornia Supreme Court · 1950
  4. Good v. Common CouncilCalifornia Court of Appeal · 1907
  5. Jenkins v. KnightCalifornia Supreme Court · 1956

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