California Supreme Court · decided 1905-08-01
<p>Public Nuisance — Violation op Fire Ordinance — Abatement — Pleading.—A complaint in an action by the district attorney in the name of the people to abate a public nuisance for maintaining a wooden building within the fire limits of a town, with a sheet-iron pipe, in violation of an ordinance declaring it a public nuisance, which also alleges that its maintenance is a menace to the safety of the town from fire, and has thereby endangered and now endangers the public safety in the town, and constitutes a public nuisance in fact, and that defendant threatens to continue to maintain it in the present condition,—is sufficient as against a general demurrer. [McFarland, J., Henshaw, J., and Angellotti, J., dissenting.]</p> <p>Id.—Jurisdiction op Superior Court.—The superior court has jurisdiction of the subject-matter of such action.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1905-08-01