119 Cal. 602 | Cal. | 1898
Plaintiff brought this action to restrain defendants from taking any further steps under a notice of sale of a certain telephone franchise. The city council of Los Angeles had invited proposals for the sale of a telephone franchise under the act of March 33,1893. (Stats. 1893,p. 388.) Under the notice,the tenders or proposals were to be opened on May 10, 1897. On that day plaintiff filed his complaint and obtained a temporary injunction as prayed for. An act of the legislature, was passed March 13, 1897 (Stats. 1897, p. 135), repealing all acts inconsistent with it, and this act went into effect May 13, 1897. This act in effect superseded the act of March 33, 1893, and this latter act ceased
It is therefore recommended that the appeal be dismissed without prejudice to any of the parties.
Searls, C., and Belcher, C., concurred.
For the reasons given in the foregoing opinion the appeal is dismissed without prejudice to any of the parties.
Morrison, J., Van Fleet, J., Garoutte, J.,
Hearing in Bank denied.
Beatty, C. J., dissented from the order denying a hearing in