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OPPENHEIMER v. ASHBURN

Docket No. 18508.

173 Cal.App.2d 624 (1959)

343 P.2d 931

JOHN G. OPPENHEIMER, Appellant, v. ALLEN W. ASHBURN et al., Defendants; THOMAS P. WHITE et al., Respondents.

Court of Appeals of California, First District, Division One.

September 14, 1959.

Attorney(s) appearing for the Case

John G. Oppenheimer, in pro. per., for Appellant.

Stanley Mosk, Attorney General, and Edward M. Belasco, Deputy Attorney General, for Respondents.

TOBRINER, J.

Plaintiff's complaint alleges liability of defendant judges under a statute which calls for a forfeiture of an amount not exceeding $5,000 for refusal to grant an order for a writ of habeas corpus "after a proper application is made." As we point out infra, the complaint succumbs to a general demurrer because it consists of conclusionary pleadings, and, because, under plaintiff's theory that the...

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