Marra v. San Jacinto & P. V. Irr. Dist.

Citations

• 131 F. 780
• 1904 U.S. App. LEXIS 4951

Syllabus

<p>1. Irrigation Districts — Bonds—Payment—Remedies—Mandamus—Receiver.</p> <p>Act Cal. March 7, 1887, p. 29, c. 34, as amended by Act March 20, 1891, p. 142, c. 127, providing for the organization of irrigation districts, authorizes such districts to issue bonds for the construction of necessary works; and section 17 (page 37) provides that the bonds and interest thereon shall be paid by revenue derived from an annual assessment upon the real property of the district, and that all real property therein shall be and remain liable to be assessed for such payment as provided in the act. Held, that where an irrigation district, duly organized, issued and sold bonds under such act, the remedy of a holder thereof, after having recovered judgment and securing a return of an execution against the property of the district unsatisfied, was to compel the officers of the district by mandamus to levy an assessment against the property of the district, and not by a suit in equity for the appointment of a receiver.</p> <p>¶1. Mandamus to enforce payment of judgment against municipality, see note to Holt. County v. National Life Ins. Co. of Montpelier, Vt., 25 C. C. A. 475.</p>