Trebilcox

Trebilcox v. City of Sacramento

Good Law
1928 Cal. App. LEXIS 999·91 Cal. App. 257·266 P. 1015
Court of Appeal of CaliforniaApril 24, 1928Docket No. 3224.California3,202 words

Opinion

Lead Opinion

Hart, J.

The plaintiff by this action sued the defendant to recover the total sum of $475 as for four different claims alleged to be owing by the latter to as many different alleged claimants, and which claims, it is alleged, were severally assigned to plaintiff by such claimants prior to the commencement of this action. A demurrer to the complaint was sustained without leave to amend. From the judgment thereupon entered plaintiff appeals.

The plaintiff’s assignors are four different incorporated athletic clubs, the principal place of business of each being the City of Sacramento. The specific object of this action is to recover from said city certain sums of money paid to the defendant as for license fees for managing, conducting and carrying on boxing and wrestling exhibitions in said city after a certain initiative statute, hereinafter to be referred to, went into effect. The allegations of the four causes of action set forth in the complaint, are, with the exception of the parties assigning their claims to the plaintiff and the respective sums claimed by said assignors, substantially the same.

The contention of the plaintiff is that the ordinance by authority of the provisions of…

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