Balding

Balding v. Eich

Good Law
128 Cal. App. 122·1932 Cal. App. LEXIS 243·16 P.2d 805
Court of Appeal of CaliforniaDecember 9, 1932Docket No. 4612.California1,802 words

Opinion

Lead Opinion

Plummer, J.

This cause is again before us upon the application of the above-named petitioners praying that a writ of mandate be issued commanding and directing the respondent, as the trustee of the bond fund of Reclamation District No. 784 to cancel the entry made by him on the records of said district wherein it is purported to state that in receipt of the face value of $5,000 of unmatured bonds the assessment upon the several lots of land set forth in the petition has been fully paid and discharged.

The record shows that on or about the twenty-ninth day of March, 1932, this court in this cause issued a peremptory writ of mandate directed to the respondent as the treasurer of the county of Yuba and as trustee of the bond fund of Reclamation District No. 784, to proceed with the collection of certain overdue calls based upon a reclamation assessment theretofore levied upon the lands lying within said District No. 784, and also to proceed with the sale of all lands and premises lying within said district upon which calls for the payment of said assessment were delinquent. The peremptory writ issued as aforesaid, among other things, contained the following: “At the time stated in said notice,…

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