Talbert

Board of Education v. Talbert

Good Law
1921 Cal. App. LEXIS 201·52 Cal. App. 657·199 P. 555
Court of Appeal of CaliforniaMay 19, 1921Civ. No. 3634.California1,749 words

Opinion

Lead Opinion

James, J.

In this proceeding petitioner asks for a writ of mandate to compel respondent chairman 'of the board of supervisors of Orange County to sign certain bonds in the amount of seventy-five thousand dollars. On the ninth day of February, 1921, petitioner, as the governing board of the Santa Ana school district (the city of Santa Ana being a city of the fifth class), adopted a resolution calling an election for the purpose of having submitted to the electors of said district the question as to whether bonds in the amount mentioned should be issued. Due notice was given of said election, the election was held, a favorable vote was obtained on the proposition to issue the bonds, and return made to the board of supervisors of the various steps taken and proceedings had. All of such proceedings were had and taken in strict compliance with the provisions of section 1880 et seq. of the Political Code. The petition fully set out the facts and the exhibits attached thereto substantiated the statements made in the petition. Respondent, in answer to the prayer for the writ, makes return admitting the facts and raising the issue of law that petitioner, upon the case made by the petition, is not…

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