City of Long Beach v. Morse

EDMONDS, J.

I concur in the conclusion that the revenue which is here in controversy may not be used for general municipal purposes. But I again call attention to the impropriety of a “friendly suit” by which only the city and one of its officers litigate a question of great public interest. (Paso Robles etc. Hospital Dist. v. Negley, 29 Cal.2d 203 [173 P.2d 813]; City of Whittier v. Dixon, 24 Cal.2d 664, 668 [151 P.2d 5, 153 A.L.R. 956]; City and County of San Francisco v. Boyd, 22 Cal.2d 685, 707 [140 P.2d 666]; City and County of San Francisco v. Linares, 16 Cal.2d 441, 448 [106 P.2d 369].)