Dominguez Land Corp. v. Daugherty

The application for a writ of mandate herein presents a companion case to that of Dominguez Land Corp. V. Daugherty, ante, p. 453 [ 238 Pac. 697 ], for the reason that while the facts in the two proceedings differ, the same general principles of law are applicable to both. Because of the said differences as to the facts, requiring a somewhat different treatment and application of the legal principles involved in both cases, we have adopted that portion of the opinion of Mr. Presiding Justice Finlayson of the district court of appeal which we deem applicable to the case in its present situation and apposite to it in the presence of our reasoning and conclusions in the other proceeding. It is as follows:

Let the writ issue as prayed for.

Waste, J., Lawlor, J., Seawell, J., Lennon, J., and Shenk, J., concurred.

Myers, C. J., deeming himself disqualified, did not participate in the foregoing opinion.