People v. City of San Diego

The facts leading up to the judgment in this proceeding, it is conceded by appellant, are fairly summarized in respondent’s opening brief, and as stated therein are as follows:

In behalf of the appeal appellant contends: First, that the former judgment, if valid, was not an estoppel against the People of the State of California to maintain an action in quo warranto for the reason that the People were not parties to nor represented in said action; and, second, that the superior court of San Diego County was without jurisdiction in the mandamus proceeding, relied upon by the defendant as an estoppel in this action, to review the action of the board of trustees of the City of East San Diego in finding the petition for the consolidation proceedings insufficient for want of the required number of qualified signers.

In support of the action of the trial court in holding that the People of the State of California were estopped by the judgment in the mandamus action instituted by Dora Drumhiller and Mattie Benbow against the board of trustees of the City of East San Diego, respondent relies in the main upon the case of People v. Holladay, 93 Cal. 241 [ 27 Am. St. Rep. 186 , 29 Pac. 54…