Hadacheck

This is an action in which plaintiff sought a judgment in restraining the defendants from putting into operation a certain ordinance of the city of Los Angeles which, for convenience, may be called the “Brick Yard Ordinance.” He failed to secure the judgment he sought and prosecutes this appeal from the adverse judgment entered against him.

Under writ of habeas corpus sued out by this appellant the general question of the validity of the ordinance was considered and decided against him. (Ex parte Hadacheck, 165 Cal. 416 , [ 132 Pac. 584 ].) It is contended, however, that the decision on habeas corpus is not conclusive, for the reason that upon this appeal from a civil judgment evidentiary matters may be considered—matters not open for consideration under the writ, and that giving due consideration to those matters it will be determined that this ordinance is unreasonable and oppressive and therefore void. The evidence here referred to is quoted at length in the brief and consists, for the most part, of the declarations of one of the members of the city council of the city of Los Angeles who voted for the enactment of the ordinance in question. It is contended that the evidence of…