Koehler

Koehler v. Board of Trustees

Good Law
1927 Cal. App. LEXIS 548·83 Cal. App. 648·257 P. 187
Court of Appeal of CaliforniaJune 7, 1927Docket No. 5504.California2,093 words

Opinion

lead Opinion

Thompson, J.

This original proceeding by a qualified elector of the city of Coronado is brought to secure a writ of mandate directed to the trustees of that city compelling them to call a special election for the purpose of determining whether the following trustees (Humphrey J. Stewart, George Holmes, Fellows Jones, J. E. Alearez, and Margarethe M'acMullen) should be recalled and their successors elected. Since the filing of the recall petition making these demands, however, J. E. Alearez has resigned as trustee and one. Frank L. Wilson has been appointed in his stead, and George Plolmes has died and Captain Wm. M. Grose has been elected in his stead, also the respondent Mar-gar ethe MacMullen failed to join with her eotrustees in either the answer, the demurrer, or the motion to strike filed in response to the petition and the alternative writ. So far as the motion to strike is concerned, it relates to various conclusions of law and is submitted by respondents with the statement that a reading of the complaint is sufficient to show that they have no place in the complaint. When no more cogent reason is assigned for their detrimental effect it is enough in a proceeding of this character to…

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