CARLEY v. CITY OF SANTA ROSA

Docket No. 9208.

154 Cal.App.2d 214 (1957)

315 P.2d 905

C. CARLEY et al., Appellants, v. THE CITY OF SANTA ROSA et al., Respondents.

Court of Appeals of California, Third District.

October 4, 1957.


Attorney(s) appearing for the Case

Timothy J. Crowley for Appellants.

Richard B. Maxwell, City Attorney, Edward Dermott, Assistant City Attorney, McKenzie, Arata & Murphy and L.G. Hitchcock for Respondents.


SCHOTTKY, J.

Plaintiffs commenced an action to enjoin defendants from pumping water from certain wells and selling it to persons and properties foreign to the lands overlying the water bearing strata, thereby depleting plaintiffs' water supply. Defendants filed demurrers based upon the grounds that the complaint did not state a cause of action and that it was uncertain, ambiguous and unintelligible. The court made its order that the demurrers be sustained and that...

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