Legal Opinion

Roche v. Superior Court

California Court of Appeal

Decided April 10, 1916No. Civ. No. 2018PublishedCited by 7 opinions

APPLICATION for a Writ of Prohibition originally made to the District Court of Appeal for the Second Appellate District to restrain the Superior Court of San Diego County from proceeding to enter judgment on the merits in an election contest. The facts are stated in the opinion of the court.

1Opinion of the CourtConrey, P. J.

In this proceeding the plaintiff, an elector of the city of Oceanside, asks for a writ of prohibition directing that the defendants refrain from proceeding to enter judgment on the merits in a certain election contest, and from taking any further steps concerning said contest save and except to dismiss that proceeding.

On the fourteenth day of October, 1915, in the city of Oceanside, a city of the sixth class, an election was held to vote upon the question whether the sale of alcoholic liquors should be licensed in that city. This election was held pursuant to the provisions of a statute…

2Cases cited3 opinions

  1. Beason v. ShawSupreme Court of Alabama · 1906
  2. McGregor v. Bd. of Trs. of BurlingameCalifornia Supreme Court · 1911
  3. Kehr v. City of ColumbiaMissouri Court of Appeals · 1909

3Cited by7 opinions

  1. City of Boise v. Ada CountyIdaho Supreme Court · 2009
  2. In Re Petition of Idaho State Fed. of Labor (Afl)Idaho Supreme Court · 1954
  3. Howe v. Board of SupervisorsCalifornia Court of Appeal · 1931
  4. Donahue v. ConleyCalifornia Court of Appeal · 1927
  5. Castle Rural County Fire Protection District v. Superior CourtCalifornia Court of Appeal · 1951

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