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· 7/1/1858

City of San Francisco v. Tallant

Citations

  • 10 Cal. 585

Syllabus

<p>The commissioners of the funded debt of the city of San Francisco are not private agents; they are public officers, clothed with important trusts, for the due administration of which they have executed bonds, with security.</p> <p>The rule which governs in this case, and alone entitles the parties to intervene to restrain the proceedings, or control the action of the trustees, is, that the fund is in danger of being wasted or impaired; or, that a liability will be incurred, or an injury done by threatened or probable malfeasance, for which the agents’ bond or personal responsibility would afford no probable or adequate redress. Until this is shown, no injunction can issue to prevent them as such commissioners from receiving the trust-fund. ;</p>

Judges: Baldwin

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