People v. Board of Supervisors

Citations

• 45 Cal. 395

Syllabus

<p>Motion for Writ of Mandate on Pleadings.—A motion for a peremptory writ of mandate based on the pleadings, in an application for such writ to the Supreme Court, to compel the Board of Supervisors of a county to order an election for a county seat under sections three thousand nine hundred and seventy-six to three thousand nine hundred and eighty-five of the Political Code, will he denied, if the answer denies that one third of the voters who voted, and whose names were on the Great Register at the election preceding the presentation of the petition to the Board of Supervisors, signed the petition.</p> <p>Question of Pact in Mandamus Case to be Referred to some District Court.—If, on an application for a writ of mandate, to compel a Board of Supervisors to order an election to locate a county seat, the answer denies that one third of the voters, whose names were on the Great Register, signed the petition to the Board of Supervisors, the Supreme Court will order the question of fact, as to whether one third of the voters signed such petition, to he referred to some District Court for trial, and the verdict upon the question to he certified to the Supreme Court.</p> <p>Writ of Mandate on Pleadings.—If, in an application for a writ of mandate, made to- the Supreme Court, the answer denies a material averment in the complaint, a peremptory writ will not be issued on the pleadings.</p> <p>Denials in Answer to Petition for Writ of Mandate.—The answer to a petition for a writ of mandate, presented to the Supreme Court, may deny the allegations of the petition, upon information and belief.</p> <p>Order to District Court on Referring Question of Pact in Mandate Proceedings.—Upon an application to the Supreme Court for a writ of mandate to a Board of Supervisors, to compel such Board to call an election to determine the location of a county seat, if an issue of fact, as to the number oí voters who signed the petition for the election, is referred to a District Court for tri