People ex rel. Central Pacific Railroad v. Board of Supervisors

Citations

• 27 Cal. 655

Syllabus

<p>Mandamus.—The rules of the Civil Practice Act are applicable to pleadings and proceedings in mandamus.</p> <p>Answers to Petition for Mandamus against a Board of Supervisors.—In a proceeding against a Board of Supervisors, in its corporate capacity, to procure a writ of mandate, the answer of one or more than one of the Supervisors in his or their own name or names, whether as Supervisor or otherwise, cannot be regarded as the answer of the Board, and, on motion, will be stricken from the files of the Court.</p> <p>Same —In such case the answer should be in form the answer of the Board in its aggregate capacity.</p> <p>Same.—In such case, if an answer is filed in duo form as the answer of the Board, the presumption is that it is the answer of the Board; and the fact that it was sworn to by one member of the Board does not make it his answer, nor is it necessary that such answer should aver that the Board by resolution adopted it.</p> <p>Same. — In such case, if two answers are filed, each in form the answer of the Board, the Court may ascertain which is the return of the majority.</p> <p>Motion for Judgment on Pleadings in Mandamus. — In proceedings to procure a writ of mandate, a motion of the relator for judgment on the pleadings is equivalent to a demurrer to the answer, on the ground that it docs not state facts sufficient to constitute a defense to the action. Objections to the answer which ar required to be taken by special demurrer, or by motion to strike out, will be disregarded on such motion.</p> <p>Denials in Answer of Allegations of Complaint. — If the complaint contains averments of the rendition of a judgment against the defendant by a Court of competent jurisdiction, and states the character of the judgment, an answer denying that the defendant became or was lawfully bound by the judgment, is only a denial of a conclusion of law, and does not raise an issue of fact. If the judgment can bo attacked collaterally, the answer must specify the points of