Maurer v. Mitchell
California Supreme Court
This was an original application to the Supreme Court for a writ of prohibition to prevent proceedings by the respondent as Tax Collector in selling property assessed under the Act of March 23rd, 1876, “An Act to authorize the widening of Dupont Street, in the City and County of San Francisco.”
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This was an original application to the Supreme Court for a writ of prohibition to prevent proceedings by the respondent as Tax Collector in selling property assessed under the Act of March 23rd, 1876, “An Act to authorize the widening of Dupont Street, in the City and County of San Francisco.” The Board of Commissioners provided for in the Act had reported the benefits to adjacent property which would result from the widening of the street at seven hundred and ninety-seven thousand eight hundred and thirty-seven dollars, and the damage from the same cause at nine hundred and fourteen…
1Opinion of the Court
By the Court :
At the common law the writ of prohibition was issued on the suggestion that the cause originally, or some collateral matter arising therein, did not belong to the inferior jurisdiction, but to the cognizance of some other Court. It was an original remedial writ, provided as a remedy for encroachment of jurisdiction. Its office was to restrain subordinate Courts and inferior judicial tribunals from exceeding their jurisdiction. (The Spring Valley Water Works v. The City and County of San Francisco, 52 Cal. 111.)
By the fourth section of the sixth article of the Constitution of the…
2Cases cited1 opinion
- Spring Valley Water Works v. City and County of San FranciscoCalifornia Supreme Court · 1877
3Cited by34 opinions
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- Barnes v. Lehi CityUtah Supreme Court · 1929
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- Charana v. PuebloSupreme Court of Puerto Rico · 1980
- Coker v. Superior CourtCalifornia Supreme Court · 1881
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