City of Whittier v. Dixon , 24 Cal. 2d 664 ( 1944 )

EDMONDS, J.,

Concurring and Dissenting. I concur in the conclusion of my associates that the Vehicle Parking District Act of 1943 (Stats. 1943, p. 2859) is valid upon its face, but I again point out that a question of public interest is decided in a “friendly suit” to which only the city, its clerk, and the publisher of the municipality’s legal advertising are parties. In my opinion, such an action is collusive and for the reasons I have previously stated, should not be entertained by this court. (City and County of San Francisco v. Boyd, 22 Cal.2d 685, 707 [140 P.2d 666] ; and City and County of San Francisco v. Linares, 16 Cal.2d 441, 448 [106 P.2d 639].)