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Bakersfield & Kern Electric Railway Co. v. Hay

29 Cal. App. 793 Court Second Appellate District. Decision date 1915-12-31 Docket Civ. No. 1933 English

Contents

Majority

p. 793
[Civ. No. 1933.
Second Appellate District.
December 31, 1915.]
BAKERSFIELD & KERN ELECTRIC RAILWAY COMPANY (a Corporation), Petitioner, v. GEORGE W. HAY et al., Respondents.

Headnote

Referendum Petition—Election—City of Bakersfield.—Writ of mandate denied on the authority of Bakersfield # Kern Electric By. Go. v. Kay, ante, p. 289.
APPLICATION for a writ of mandate.
The facts are similar to those stated in the opinion in Bakersfield & Kern Electric By. Go. v. Hay, ante, p. 289-,
Short & Sutherland, and Borton & Theile, for Petitioner.
E. F. Brittan, and Walter Osborn, for Respondents.

In response to an alternative writ issued herein, the respondents have filed a general demurrer. The facts are the same and the questions presented for decision are the same as in Bakersfield tfe Kern Electric Ry. Co. v. Hay (Civil No. 1934), ante, p. 289 [ 155 Pac. 132 ], petition for writ of prohibition, in which decision has been filed this day. For the reasons stated in the opinion filed in that case the demurrer is sustained and the application for peremptory writ of mandate herein is denied.