Smith v. Superior Court

Petition for writ of prohibition. There is now pending in the superior court of the county of San Diego an action entitled People of the State of California, on Relation of Charles H. Harris, Plaintiff, v. The City of San Diego, a Municipal Corporation, and the City of East San Diego, a Municipal Corporation. Said action is in the nature of quo warranto, wherein the plaintiff seeks to establish the invalidity of certain proceedings for the consolidation of the city of Bast San Diego with' the city of San Diego.

The petitioner herein alleges that on the first day of November, 1923, by virtue of proceedings, duly instituted and perfected for the improvement of certain streets in the city of East San Diego, it had become the duty of petitioner, as superintendent of streets of that city, to enter into a contract for said street improvement work under an accepted bid therefor; that on the first day of November, in the quo warranto action, the superior court issued a temporary restraining order whereby petitioner is restrained and commanded to desist and refrain from entering into any contract for or on behalf of said city of East San Diego or of the officers thereof or of the…