Provident Land Corp. v. Provident Irrigation District

California Supreme Court Nov 28, 1938 No. Sac. No. 5134Published

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Holding. The court reversed the judgment and directed the trial court to overrule the demurrers, allowing the defendants to answer, based on the controlling decision in the companion case of Provident Land Corp. v. Zumwalt.

Issues

Whether the issues raised in this case are identical to those in Provident Land Corp. v. Zumwalt.

Disposition. reversed

Quotations verified verbatim against the opinion

“The issues raised are identical, and the decision therein is controlling.”

“the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so.”

THE COURT. This is a companion ease to Provident Land Corp. v. Zumwalt, Sac. No. 5133 (ante, p. 365 [85 Pac. (2d) 116]), this day decided. The issues raised are identical, and the decision therein is controlling. For the reasons stated in said case, the judgment is reversed with directions to the trial court to overrule the demurrers and permit defendants to answer if they deem it advisable to do so.

Rehearing denied.

Provident Land Corp. v. Provident Irrigation District

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