Chase

Chase v. Kalber

Good Law
1915 Cal. App. LEXIS 402·28 Cal. App. 561·153 P. 397
Court of Appeal of CaliforniaOctober 15, 1915Civ. No. 1370.California4,589 words

Opinion

lead Opinion

Hart, J.

On the eleventh day of March, 1915, this court delivered and filed an opinion in this cause in which it announced the conclusion that the writ of mandate prayed for herein ought to be granted and ordered and entered judgment accordingly. Thereafter and within due time a petition was filed for a rehearing of the cause by this court, and upon a consideration of the petition and recognizing and keenly sensible of the importance of the controversy to the municipalities of the state and the seriousness of the consequences which would of necessity follow the application of the power of referendum delegated to the electors of such municipalities to proceedings in street improvement, we readily granted the petition for further consideration of the cause. Upon the further hearing of the ease, many attorneys, representing various municipal corporations and certain individuals interested in contracts for street improvement in a number of the incorporated cities of the state, were heard in able arguments attacking the conclusion arrived at in the original decision of the case. Every point involved in the controversy and every reason which could be conceived or suggested against the soundness…

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