70 P. 1059 | Cal. | 1902
Mandamus. The complaint alleges that plaintiff was admitted to the Veterans' Home at Yountville in August, 1901, and continued to reside there as a member thereof until October 10, 1901, when he was adjudged to be guilty of violating general order No. 34, promulgated September 15, 1901, prohibiting members of the home from visiting saloons or other places not under the jurisdiction of the home where intoxicating liquors are sold. Plaintiff failed to allege previous demand and refusal to be admitted after his discharge. A general demurrer was interposed, alleging, also, uncertainty in the complaint. The trial court sustained the demurrer on the authority of Oroville and V.R.R. Co. v. PlumasCounty,
The judgment should be affirmed.
Gray, C., and Haynes, C., concurred.
For the reasons given in the foregoing opinion the judgment is affirmed.
Harrison, J., Van Dyke, J., Garoutte, J.