Redwood Highlands Co. v. Redwood City

The plaintiffs commenced an action against the defendants to obtain an injunction restraining the defendants from proceeding to cloud the title of the plaintiff land owners by a purported assessment for local improvements. Judgment went for the defendants and the plaintiffs have appealed, bringing up the judgment-roll and a bill of exceptions.

The record presents no question regarding the sufficiency of the pleadings. No witness was examined on the trial, but all matters were stipulated to in a written stipulation executed by the parties and filed of record. The stipulation was so drawn that many facts alleged in the pleadings are referred to as paragraphs of the complaint or answer, as the case may be, and in addition to such stipulations many probative facts were also stipulated to. It will not be necessary for us to recite the facts admitted in the pleadings and separate them from facts otherwise admitted in the record. As the case was tried upon an agreed statement of facts, counsel stipulated that the trial court need not make any findings and none were made.

Except as hereinafter stated, the record discloses facts showing that early in April, 1909, the board of trustees of…