Spring Valley Water Works v. City and County of San Francisco
California Supreme Court
This was an original application to the Supreme Court for a writ of prohibition. The petition represented that the Supreme Court in Spring Valley Water Works v. City and County of San Francisco, 48 Cal. 493, had decided that the applicant was not bound in law to furnish water free to the respondent except for “fire or other great necessity,” which did not include ordinary municipal purposes; and that, notwithstanding such decision, the Board of Supervisors of the City and…
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This was an original application to the Supreme Court for a writ of prohibition. The petition represented that the Supreme Court in Spring Valley Water Works v. City and County of San Francisco, 48 Cal. 493, had decided that the applicant was not bound in law to furnish water free to the respondent except for “fire or other great necessity,” which did not include ordinary municipal purposes; and that, notwithstanding such decision, the Board of Supervisors of the City and County of San Francisco had passed to print, and were threatening to finally pass an ordinance commanding the Mayor to…
1Opinion of the Court
1. The writ of prohibition, under our statutes, is the counterpart of mandamus (Code of Civil Procedure, secs. 1102, 1103) ; it may be issued to an inferior tribunal, corporation, board, or person, and it arrests such proceedings as are without or in excess of the jurisdiction of such tribunal, corporation, board, or person. Mandamus is not confined to judicial acts, and prohibition, its counterpart, is not confined to the restraint of judicial acts only. In Fox v. Board of Supervisors, 49 Cal. 563, the Supreme Court issued the writ of prohibition to the Board of Supervisors of San Mateo…
2Cases cited7 opinions
- Robinson v. Bd. of Supervisors of SacramentoCalifornia Supreme Court · 1860
- City of San Francisco v. Spring Valley Water WorksCalifornia Supreme Court · 1874
- Thomas v. MeadSupreme Court of Missouri · 1865
- Miller v. Board of SupervisorsCalifornia Supreme Court · 1864
- Walker v. McKayCourt of Appeals of Kentucky · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Stein v. MorrisonIdaho Supreme Court · 1904
- Spring Valley Water Works v. City & County of San FranciscoCalifornia Supreme Court · 1890
- Camron v. KenfieldCalifornia Supreme Court · 1881
- Wiedwald v. DodsonCalifornia Supreme Court · 1892
- Maurer v. MitchellCalifornia Supreme Court · 1878
16 more not listed; retrieve them via the Exa API.