Board of Commissioners v. Board of Trustees
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County. On the 25th of March, 1872, the legislature passed an act entitled “An act to provide for the redemption of the funded indebtedness of the city of Sacramento,” which required the board of trustees of the city to levy an annual special tax of not less than one tenth of one per cent, and not exceeding thirty-five cents on each hundred dollars, upon all taxable property within the city, for the purposes…
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Appeal from a judgment of the Superior Court of Sacramento County. On the 25th of March, 1872, the legislature passed an act entitled “An act to provide for the redemption of the funded indebtedness of the city of Sacramento,” which required the board of trustees of the city to levy an annual special tax of not less than one tenth of one per cent, and not exceeding thirty-five cents on each hundred dollars, upon all taxable property within the city, for the purposes specified in the act. In order to carry the same into effect, the act created a board of commissioners known as the Board of…
1Opinion of the CourtMcKinstry, J.
This is an application of the board of commissioners of the Funded Debt Sinking Fund to compel the board of trustees of Sacramento city, by mandate, to levy a certain tax which is ordered to be levied by an act of the legislature passed in 1872.
The court below issued an alternative writ, and the city trustees made a response not denying any fact set up in the petition and affidavit, but setting up matters of law only as a response to the alternative writ. The *312court overruled the legal objections raised, and made the writ absolute. From this the trustees appealed.
Appellants contend the…
2Cases cited1 opinion
- People ex rel. County of Contra Costa v. Board of SupervisorsCalifornia Supreme Court · 1864
3Cited by3 opinions
- City of San Buenaventura v. McGuireCalifornia Court of Appeal · 1908
- The Boca Mill Co. v. CurryCalifornia Supreme Court · 1908
- Thomason v. AshworthCalifornia Supreme Court · 1887