California, United States of America
The following excerpt is from Mitchell v. County Sanitation Dist. No. One of Los Angeles County, 150 Cal.App.2d 366, 309 P.2d 930 (Cal. App. 1957):
In the very early case of Hewel v. Hogin, 3 Cal.App. 248, at pages 252-253, 84 P. 1002, 1005, the court said, among other things:
'It was urged in the petition for rehearing that the facts pleaded and
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