People ex rel. Cochran v. Bd. of Educ. of Oakland

Citations

• 54 Cal. 375

Syllabus

<p>Certiorari.—The writ of certiorari lies only to review the action of an inferior tribunal, board, or officer, exercising judicial functions. It does not lie to review the action of any tribunal, board, or officer, in the exercise of legislative functions.</p> <p>Id . — Text Books — Definition — Judicial Act — Legislative.— The distinction between a judicial and a legislative act is, that the former determines what the law is, and what the rights of the parties are, with reference to transactions already had, and the latter prescribes what the law shall he in future cases arising under it. Held, accordingly, that the action of a Board of Education, in adopting a series of readers for the jiublic schools, in lieu of a series previously in use, was an exercise of legislative and not of judicial power, and cannot be reviewed on certiorari.</p> <p>Id.—Id.—Id.—Id.—Ministerial Act.—McKee, J., and Myrick, J., dissenting: Where a duty is imposed by law on an inferior tribunal, board; or officer, in the performance of which it has nb discretion, its action in the performance of that duty is ministerial. But where the law imposes a duty, in the performance of which a tribunal, hoard, or officer, can exercise judgment and discretion, and its action results in depriving a tax-payer of any of his rights of person or property, such action is in its nature guasi-judicial.</p>