Lamb v. Schottler

Citations

• 54 Cal. 319

Syllabus

<p>Certiorari—Pleading—Multipariousness.—An objection to a petition for a writ of certiorari, that it is multifarious, is addressed to the discretion of the Court.</p> <p>Id.—The object of the writ of certiorari is to annul, and not to restrain; and in such proceedings the Court cannot take cognizance of things in fieri. Jleld, accordingly, that a resolution pending in the Board of Supervisors could not be reviewed in this proceeding.</p> <p>Id. —Sax Francisco — Quo Warranto. —Upon a writ of certiorari to the Board of Supervisors of San Francisco, and to the Board of Water Commissioners, (appointed under the Rogers Act): Held, that the Court could not in this piroeeeding, review a resolution of the latter Board to the effect that it was necessary for the City and County of San Francisco to acquire the Spring Valley Water Works, etc.; or the act of the Board in appointing Appraisers, or the act of the Board of Supervisors in confirming such appointment; none of these acts being judicial in their nature, and their being—with reference to the appointment of Appraisers—a plain, speedy, and adequate remedy under the Code of Civil Procedure, § 803.</p> <p>Id.—In a proceeding for a writ of certiorari, the party or parties whose acts are the subject of a review should be before the Court. Held, accordingly, that the act of the Board of Appraisers, appointed under the Rogers Act, in making and filing an appraisement of the Laguna de la Merced, could not be reviewed under a writ of certiorari, directed to the County Clerk—as the custodian of the record of the proceedings of that Board, (and others)—but not to the Board itself.</p> <p>Id.—Repeal op Statute—Obligation op Contract—Vested Right.—The repeal of a statute effectually annuls all proceedings had under the act repealed, unless the obligation of a contract would thereby be impaired, or a vested right destroyed. Held, accordingly, that all the proceedings under the Rogers Act, above referred to, were annulled by the repe