Kerr Glass Manufacturing Corp. v. City of San Buenaventura

Good Law
1936 Cal. LEXIS 698·7 Cal. 2d 701·62 P.2d 583
Supreme Court of CaliforniaNovember 19, 1936L. A. 15860California3,620 words

Opinion

Opinion

Shenk, J.

petitioner seeks the writ of mandamus to compel the respondents to levy a tax on all of the taxable property in the City of San Buenaventura sufficient to pay for all lands purchased by the city which were sold for delinquent improvement district assessment instalments in the years 1929 to 1935, inclusive, and to pay for all of such instalments which became delinquent on said lands subsequent to the sale thereof to the city. In the same proceeding the petitioner also seeks payment of $17,000 due on certain bonds held by it and payable out of the fund created for the redemption of bonds series “E” issued to discharge the cost of city improvement No. 201.

The street work known as city improvement No. 201 was authorized by the city council under the Improvement Act of 1911 (Stats. 1911, p. 730), and series “E” bonds were authorized, and issued pursuant to the Improvement Bond Act of 1915 (Stats. 1915, p. 1441). The bonds represented an obligation in the total principal sum of $132,-528.95. They were issued to mature in ten annual instal ments beginning July 2, 1929, with interest at 7 per cent per annum. The petitioner is the holder of eleven $1,000 bonds of the instalment due on…

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