Summary
In Le Conte v. Town of Berkeley, 57 Cal. 269, a writ was refused to restrain the collection of a street assessment upon the ground that it was not the proper remedy.
Summary of this case from City of Coronado v. City of San DiegoOpinion
Department One
NOTICE: [THE BRIEFS OF COUNSEL WERE CONFINED TO THE QUESTION OF THE LEGALITY OF THE ASSESSMENT, AND EXPRESSLY REFRAINED FROM RAISING THE POINT OF THE PROPRIETY OF THE REMEDY. THEY ARE FOR THAT REASON OMITTED.]
Appeal from a judgment for the plaintiffs, in the Fifteenth District Court for the City and County of San Francisco. Dwinelle, J.
This was a proceeding to obtain a writ of prohibition to restrain the defendant from collecting a street assessment, the plaintiff claiming that its lands sought to be assessed were State lands, and not liable to be assessed.
COUNSEL
York & Whitworth, for Appellants.
John B. Mhoon, for Respondent.
OPINION
The Court:
A writ of prohibition does not run to a ministerial officer. The acts sought to be prohibited were not judicial acts; therefore the writ of prohibition, which was issued in this case on the 26th day of August, 1879, was improperly issued.
Judgment reversed, and cause remanded.