Quinchard v. Board of Trustees

Citations

• 113 Cal. 664
• 45 P. 856
• 1896 Cal. LEXIS 839

Syllabus

<p>Certiorari—■Office of Writ—Cloud upon Title—Legislative Action— Order for Street Improvement—Discretion.—The writ of certiorari can only be allowed in this state to review the exercise of judicial functions when the jurisdiction of an inferior tribunal, board, or officer is exceeded, and cannot he used as a substitute for an action to remove a cloud from a title, nor to review legislative acts, such as an order for a street improvemeut, which does not cease to he legislative in its character merely because the members of the city council are required to exercise their judgment and discretion in determining whether the improvement shall be made.</p> <p>Id.—Misjoinder of Parties.—In a proceeding to review the action of a municipal council, in reference to a street improvement, it is improper to join the superintendent of streets and the street contractor as parties defendant.</p>