Harrison

Harrison v. Powers

Good Law
19 Cal. App. 762·1912 Cal. App. LEXIS 161·127 P. 818
Court of Appeal of CaliforniaSeptember 20, 1912Civ. No. 1033.California827 words

Opinion

Lead Opinion

Hall, J.

Plaintiff, a citizen of this state, filed a petition in the superior court praying for a writ of mandate to compel the defendants to permit him to inspect and make a copy of the census reports of school children in the official custody of defendants, and which privilege or right the defendants had denied- to plaintiff.

Defendants demurred to plaintiff’s petition, and at the same time filed an answer, affirmatively setting up substantially that plaintiff’s only purpose in seeking to inspect and copy such reports was that he might use the information thus obtained in canvassing for the sale to school children of certain books in which he was interested. The court overruled defendants’ demurrer, and sustained plaintiff’s demurrer to defendants’ answer, and gave judgment that the writ issue as prayed for.

Prom this judgment defendants appealed to this court.

Section 1892 of the Code of Civil Procedure of this state provides that “Every citizen has a right to inspect and take a copy of any public writing of this state except as otherwise expressly provided by statute. ’ ’

Section 1894 of the same code provides that “Public writings are divided into four classes: ‘1. Laws; 2.…

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