Legal Opinion
Le Conte v. Trustees & Marshall
California Supreme Court
Decided July 1, 1881No. 6,830PublishedCited by 3 opinions
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.
1Opinion of the Court
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.
2Cited by3 opinions
- Hobart v. TillsonCalifornia Supreme Court · 1884
- Hull v. Superior CourtCalifornia Supreme Court · 1883
- City of Coronado v. City of San DiegoCalifornia Supreme Court · 1893