Bank of California v. Shaber

Citations

• 55 Cal. 322

Syllabus

<p>Claim Against a City for Injuries caused by Mobs or Riots.—A claim for damages for injuries to property, caused by a mob or riot, (in the City and County of San Francisco) is not to be presented in the first instance to the Boai'd of Supervisors for allowance, as in the case of other claims, but a judgment must first be had, and thereupon the board must order it to be paid, unless they shall determine to appeal.</p> <p>Id.—Attorney and Counsellor of the City and County of San Francisco—Appeal.—The Attorney and Counsellor of the City and County of San Francisco, while he holds his office by a tenure independent of the board, cannot act independently or against the directions of the board; and held, accordingly—where the board had determined by ordinance not to appeal from a judgment against the city and county for damages, caused by a mob or riot, and had ordered the payment of the same—that an appeal taken by the Attorney and Counsellor was without authority, and did not stay the enforcement of the order of the board.</p> <p>Id.—Estoppel.—Held, further, that the order of the board, directing the payment of the judgment, operated as an estoppel upon the city and county, as against an assignee for value, who purchased the claim, relying upon the action of the board.</p> <p>Id.—Mandamus.—And held, further, that upon the refusal of the County Treasurer to pay the claim, mandamus was the proper remedy.</p> <p>Id.—Appeal—Stay of Proceedings — Mandamus.—Ross, J., (dissenting) was of the opinion, that the appeal by the City and County Attorney could not be treated as a nullity, and that, pending the appeal, the Treasurer could not, by mandamus, be compelled to pay the claim.</p> <p>Ld.—Id.—Id.—Id.—Shakpstein, J., and McKee, J., (also dissenting) were of the opinion that mandamus could not be maintained: 1st, because the appeal, though improperly taken, operated as a stay; and2ndly, because the petitioner had a plain, speedy, and adequate remedy, by a motion to dismiss th