People ex rel. Church v. Hester
California Supreme Court
Application for a writ of mandamus, directed to the Judge of the District Court of the Third Judicial District, County of Alameda, commanding him to issue a writ of certiorari to the board of supervisors of Alameda County.
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Application for a writ of mandamus, directed to the Judge of the District Court of the Third Judicial District, County of Alameda, commanding him to issue a writ of certiorari to the board of supervisors of Alameda County. The record shows that the writ of certiorari had been denied by the District Judge, and that it was prayed for to review the action of the board of supervisors in levying a tax of twenty-five cents on every hundred dollars of assessed property in the county, for a building or court-house fund, had on August 4th, 1856 ; which tax was alleged in the petition to have been laid…
1Opinion of the CourtChief Justice Murray
Mr. Justice Heydenfeldt concurred.
This was an application for a mandamus, to compel the judge of the Court below to issue a certiorari to review the proceedings of the supervisors of Alameda county, in assessing a tax alleged to be illegal.
We are not satisfied that the remedy sought from this Court is proper; as the District Court entertained the application, but refused to award the certiorari, on the ground that it had no jurisdiction. Under such circumstances, the party should have appealed.
Waiving this point, however, we are of opinion that the District Court had no jurisdiction to issue…
2Cited by9 opinions
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- Ratchford v. County of SonomaCalifornia Court of Appeal · 1972
- State ex rel. Mason v. Board of County CommissionersNevada Supreme Court · 1872
- Dare v. Board of Medical ExaminersCalifornia Supreme Court · 1943
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