Morton v. Broderick
California Supreme Court
WRIT of Mandate from tbe Supreme Court to tlie Auditor of tbe City and County of San Francisco. The facts are stated in' tbe opinion of tbe court. Mandamus is the proper remedy in this case. (Code Civ. Proc., sec. 1085; People v. Olds, 3 Cal. 167; 58 Am.
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WRIT of Mandate from tbe Supreme Court to tlie Auditor of tbe City and County of San Francisco. The facts are stated in' tbe opinion of tbe court. Mandamus is the proper remedy in this case. (Code Civ. Proc., sec. 1085; People v. Olds, 3 Cal. 167; 58 Am. Dec. 398.) The fact that conflicting claims to office are incidentally involved does not preclude mandamus to enforce a public duty enjoined by law, and tbe court may decide tbe case upon its merits, according to tbe present apparent title. (State v. Mayor, etc. 52 N. J. L. 332; Lawrence ¶. Hanley, 84 Micb. 399, 403,404; Nathan ¶. Tompkins,…
1Opinion of the CourtHenshaw, J.
This is an original proceeding in mandate, brought -to compel the auditor, as- the performance of an official duty, to compute and enter the taxes upon the assessment-roll in conformity with the rates fixed by orders of a body claiming to be the board of supervisors of the city and county of San Francisco, which body for convenience may hereafter be designated the old board.
The auditor made answer. Certain facts were admitted; to others, upon which issue was joined, evidence was addressed. They will be set forth as may be necessary for the consideration of the legal propositions calling for…
2Cases cited17 opinions
- McBean v. City of FresnoCalifornia Supreme Court · 1896
- Sharon v. SharonCalifornia Supreme Court · 1885
- Hamlin v. KassaferOregon Supreme Court · 1887
- Lawrence v. HanleyMichigan Supreme Court · 1891
- People ex rel. Smith v. OldsCalifornia Supreme Court · 1853
12 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- In Re PfahlerCalifornia Supreme Court · 1906
- San Diego Building Contractors Ass'n v. City CouncilCalifornia Supreme Court · 1974
- Ex Parte BraunCalifornia Supreme Court · 1903
- DeGarmo v. GoldmanCalifornia Supreme Court · 1942
- McKannay v. HortonCalifornia Supreme Court · 1907
39 more not listed; retrieve them via the Exa API.