Robinson
Robinson v. Anderson
Opinion
Lead Opinion
James, J.
Defendant, who is the city clerk of the city of Redondo Beach, a municipal corporation, appeals from a judgment directing mandate to issue against him to compel him to certify that certain petitions filed in his office, invoking the right of recall against three of the trustees of said city, were sufficient.
The matter is presented on the judgment-roll, judgment having gone against the appellant after a demurrer interposed by him to the petition had'been overruled and he had declined to make further answer. From the statement of facts shown in the petition it appears that on the nineteenth day of June, 1914, three separate recall petitions were filed with appellant, asking that a recall election be held for the purpose of recalling the three trustees, named, respectively Elmer T. Thompson, Oliver N. Tomlinson, and William J. Hess. The form of the petitions was attached to this statement as an exhibit, and from that form it appears that the petitions were regular and of sufficient substance in their general statement of facts and the verification thereof. It further appears that appellant examined said petitions and certified that they were insufficient. It reasonably appears also…