People Ex Rel. Southwest Exploration Co. v. City of Huntington Beach

This is an appeal from an order granting a new trial. The action is one in quo warranto to test the validity of a proceeding by which it was sought to annex 9 square miles of ocean area to the defendant city. It was brought pursuant to leave to sue in the name of the People of the State of California which was granted by the attorney general. This permission has never been revoked or modified. The complaint was entitled: “The People of the State of California, upon the Complaint of Southwest Exploration Company, a California Corporation, Relator, v. City of Huntington Beach (and certain of its officers).” It was signed by the attorney general and several attorneys for the relator. A deputy attorney general assisted at the trial, which was mainly conducted on the part of the plaintiff by one of the attorneys for the relator. In the signing of stipulations, in serving notices and pleadings, and in all other respects up to and including the notice of entry of judgment, the attorneys for the defendants consistently recognized the attorneys for the relator as being attorneys in the action.

A judgment in favor of the defendants was entered, and notice thereof was given on April 8,…