Legal Opinion

City of San Diego v. Potter

California Supreme Court

Decided March 28, 1908No. S.F. No. 4975PublishedCited by 5 opinions

APPLICATION for a Writ of Mandate directed to the Auditor of the City of San Diego. The facts are stated in the opinion of the court.

1Opinion of the CourtAngellotti, J.

This is an application for a writ of mandate to compel defendant to perform certain ministerial acts relative to certain municipal bonds of plaintiff. It is conceded that he is bound to perform these acts if the bonds are not void, and defendant’s refusal to so perform is based on the contention that they are void.

The bonds were issued under the act of the legislature enacted in the year 1901, entitled, “An act authorizing the incurring of indebtedness by cities, towns, and municipal corporations for municipal improvements, and regulating the acquisition, construction, or completion thereof”…

2Cases cited7 opinions

  1. In re Difference & Controversy between E. M. Derby & Co. & City of ModestoCalifornia Supreme Court · 1894
  2. Durkee v. Chino Land and Water Co.California Supreme Court · 1907
  3. City of Oakland v. ThompsonCalifornia Supreme Court · 1907
  4. City of Redondo Beach v. CateCalifornia Supreme Court · 1902
  5. In re Smith's EstateCalifornia Supreme Court · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. City of Redondo Beach v. Taxpayers, Property Owners, Etc., City of Redondo BeachCalifornia Supreme Court · 1960
  2. City of Walnut Creek v. SilveiraCalifornia Supreme Court · 1957
  3. Board of Supervisors v. CothranCalifornia Court of Appeal · 1948
  4. City of North Sacramento v. IrwinCalifornia Court of Appeal · 1928
  5. City of Crescent City v. MoranCalifornia Court of Appeal · 1938

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