Rigdon

Rigdon v. Common Council

Good Law
1916 Cal. App. LEXIS 464·30 Cal. App. 107·157 P. 513
Court of Appeal of CaliforniaMarch 8, 1916Civ. No. 1781.California1,812 words

Opinion

lead Opinion

James, J.

On certiorari petitioners herein secured a judgment annulling a certain resolution of the common coun oil of the city of San Diego, by which resolution a retail liquor license was attempted to be awarded to one Green. The writ issued brought before the trial court for review the resolution, the validity of which is questioned by the proceeding, as well as certain ordinances and other records of the city of San Diego. After an amended return had been made, the petitioners moved for judgment to be entered as prayed for upon the record presented in the return, and the judgment appealed from was entered responsive to such motion. The appellants brought up in their record the papers designated by section 1077 of the Code of Civil Procedure, which provides, referring to the record in proceedings of certiorari, that “a copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, constitute the judgment-roll.”

Preliminarily it is contended on behalf of the appellants that they were not accorded a hearing on the petition and writ; in other words, it is their contention that the petitioners should have been put upon proof as to all of the allegations of their…

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