People v. Reclamation District No. 108
The People, Upon the Relation of Ella L. Hershey v. Reclamation District No. 108
- Area
- criminal
- Panel
- The Court (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
In this action quo warranto instituted by the people of the state of California upon the relation of appellants, the relatorsalone are attempting to appeal from a judgment for defendant given upon sustaining a demurrer to the complaint. The notice of appeal states that they take the appeal "because they are parties in interest and because the attorney-general declines to take an appeal in the name of the state." Under our law such an action may be brought and maintained only by the attorney-general in the name of the people of the state, and the relators are not "parties" to the action. An attempt to appeal by them alone is necessarily ineffectual for any purpose.
The motion to dismiss the appeal is granted. *Page 787
Cited by
- People Ex Rel. Southwest Exploration Co. v. City of Huntington Beach Civ. 4771 · 1954-10-28
- People Ex Rel. Cage v. Petroleum Rectifying Co. Civ. 11273 · 1937-06-07
- People v. Milk Producers Assn. Civ. No. 2514. · 1923-01-12