Tyler v. City Council of Huntington Park

California Court of Appeal

Tyler v. City Council of Huntington Park

276 P. 355, 97 Cal. App. 724, 1929 Cal. App. LEXIS 745

CourtCalifornia Court of Appeal

DecidedMarch 22, 1929

DocketDocket No. 6326.

StatusPublished

Cited by3 cases

This text of 276 P. 355 (Tyler v. City Council of Huntington Park) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tyler v. City Council of Huntington Park, 276 P. 355, 97 Cal. App. 724, 1929 Cal. App. LEXIS 745 (Cal. Ct. App. 1929).

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Opinion

Appellants petitioned the superior court for a writ of review as to certain actions of the City Council of the City of Huntington Park. A demurrer to the petition was interposed and the court sustained it without leave to amend. Defendants also filed a motion to dismiss the proceeding and the court granted the motion and ordered the cause dismissed. [1] This attempted appeal is from the ruling of the court on the demurrer alone, and it must be dismissed, as an order on demurrer is not appealable. (Sec. 963, Code Civ. Proc.) *Page 725 Even if this were not true, nothing could be gained by our consideration of the appeal, for the order of dismissal would remain in full force and effect.

The appeal is dismissed.

Works, P.J., and Craig, J., concurred.

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Appellants petitioned the superior court for a writ of review as to certain actions of the City Council of the City of Huntington Park. A demurrer to the petition was interposed and the court sustained it without leave to amend. Defendants also filed a motion to dismiss the proceeding and the court granted the motion and ordered the cause dismissed. [1] This attempted appeal is from the ruling of the court on the demurrer alone, and it must be dismissed, as an order on demurrer is not appealable. (Sec. 963, Code Civ. Proc.) *Page 725 Even if this were not true, nothing could be gained by our consideration of the appeal, for the order of dismissal would remain in full force and effect.

The appeal is dismissed.

Works, P.J., and Craig, J., concurred.

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Bluebook (online)

276 P. 355, 97 Cal. App. 724, 1929 Cal. App. LEXIS 745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tyler-v-city-council-of-huntington-park-calctapp-1929.

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