Abbey Land & Improvement Co. v. County of San Mateo

The plaintiffs’ action is a suit in equity to enjoin the enforcement of an ordinance passed by the board of supervisors of San Mateo County. The members of the board are joined as defendants. An answer was filed and the ease came on for trial. The defendants moved for judgment on the pleadings, and the parties stipulated that the ease should be submitted upon the pleadings, leaving the court to decide for either party as it should deem proper under the law and upon the facts stated. The defendants’ motion was denied and judgment was given for plaintiffs, from which the defendants appeal.

There is also an appeal from an order dismissing the defendants’ motion for a new trial. There was no trial of the cause upon issues of fact and, therefore, a motion for a new trial could not be entertained. The court below properly refused to consider it, and it calls for no further discussion in this court. (Foley v. Foley, 120 Cal. 36 , [ 65 Am. St. Rep. 147 , 52 Pac. 122 ]; Gregory v. Gregory, 102 Cal. 52 , [ 36 Pac. 364 ]; In re Heldt, 98 Cal. 554 , [ 33 Pac. 549 ]; Younger v. Moore, 8 Cal. App. 237, 241 , [ 96 Pac. 1093 ].)

The ordinance in question was adopted on June 5, 1911. It…