McNair v. Imperial Water Co. No. 1

California Supreme Court

McNair v. Imperial Water Co. No. 1

156 Cal. 31

CourtCalifornia Supreme Court

DecidedJuly 2, 1909

DocketL. A. No. 2312

StatusPublished

This text of 156 Cal. 31 (McNair v. Imperial Water Co. No. 1) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McNair v. Imperial Water Co. No. 1, 156 Cal. 31 (Cal. 1909).

Pincite

Opinion

ANGELLOTTI, J.

This is an appeal from a judgment of the superior court of Imperial County, denying an application for a writ of mandate. The judgment was entered after an order sustaining a general demurrer to the petition and the refusal of plaintiff to amend.

The facts alleged in the petition show, in effect, the same grounds for relief, and in substantially the same form, as those considered in an opinion this day filed by this court in a proceeding entitled Miller v. Imperial Water Company No. 8, ante, p. 27 [103 Pac. 227].

For the reasons therein stated, we are of the opinion that the demurrer to the petition in this case was improperly sustained by the trial court.

The judgment of the superior court is reversed and the cause remanded, with directions to the lower court to overrule the demurrer of defendant, with leave to answer if it be so advised.

Sloss, J., Shaw, J., Lorigan, J., Melvin, J., and Henshaw,. J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI