Cook

Cook v. Reid

Good Law
1919 Cal. App. LEXIS 183·39 Cal. App. 453·183 P. 820
Court of Appeal of CaliforniaJanuary 23, 1919Civ. No. 2557.California1,516 words

Opinion

Lead Opinion

Conrey, J.

The court below, having first sustained defendant’s demurrer to the petition herein without leave to amend, entered judgment denying the plaintiff’s petition for a writ of mandate. Plaintiff appeals from the judgment.

The facts set forth in the several counts of the petition are all alike, except that each cause of action is based upon a different demand. For the sake of brevity, we will discuss the case upon the first count alone as if it were all of the complaint.

In substance, the allegations are as follows: The plaintiff is, and at all times named in the complaint he was, the owner and holder of a certain order and requisition of the Rannell’s School District, county of Riverside, dated May 11, 1916, payable to W. H. Cook or order, for the sum of $75 from the school fund of said district, and signed by two trustees of said district on that date. On June 30, 1916, the plaintiff presented said order to the superintendent of schools of the county of Riverside, who thereupon duly examined and approved the same in writing by indorsing upon said order: “Examined and approved, numbered as above, Jun. 30,1916, ’ ’ and affixed his signature thereto as county superintendent of schools…

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