McQueen

This appeal is from a judgment in favor of defendants taken on the judgment-roll. The action was brought against the mayor, the board of supervisors, the chief of police and the department of public health, of the city and county of San Francisco, as defendants, in their official capacities, for the purpose of enjoining them from interfering with the plaintiff’s carpet-beating and cleaning works and the operation of the same; also to have declared void a certain ordinance set forth in the complaint, upon the ground that it is unconstitutional in several respects.

For the purposes of this case it may be conceded that the ordinance is void, and yet the judgment must be affirmed. The complaint, after setting forth a description of the plaintiff’s plant and carpet-beating works, contains this allegation: “Plaintiff further alleges that said works and plant and the operation thereof is in no respect a public nuisance, or a nuisance in any particular, or injurious to health or offensive to the senses, or an obstruction in any wise to the free use of property.” In the answer the defendants deny the above-quoted allegation, and also aver: “That the carpet-beating and cleaning works and…