Santa Cruz Gap Turnpike Joint Stock Co. v. Board of Supervisors

Citations

• 2 Cal. Unrep. 650
• 10 P. 404

Syllabus

<p>Toll-road—Mandamus—Demurrer to Petition.—Where an application is made to a superior court for a writ of mandate to compel the board of supervisors of a county to locate toll-gates and to fix rates of toll on a certain road which it is claimed in the petition the corporation petitioner had a right to collect tolls upon, the superior court is in error if it sustains a demurrer to such petition on the ground that it does not appear therefrom that the petitioner had or owned any road, or right of w'ay for a road, as such a petition states, sufficient to entitle the petitioner to relief.</p>