Bates v. Gregory

This was an application for a writ of mandate to compel the defendants, as trustees of the city of Sacramento, to issue to the petitioner new bonds of the city, in accordance with the provisions of the act of March 22, 1864, in exchange for unpaid bonds held by him, that had been issued under the provisions of the acts of April 26, 1853, and April 10, 1854.

The city of Sacramento was incorporated by the act of the legislature passed March 26, 1851, entitled “ An act to incorporate the city of Sacramento.” (Stats. 1851, p. 391.) The government of the city was vested in a mayor, recorder, and council, and by section 3 of the act it was declared that “ the said mayor, recorder, and councilmen shall be a body pcritic and corporate by the name and style of th e Mayor arid Common Council of the City of Sacramento/ and by that name they and their successors shall be known in law, have perpetual *390 succession, sue and be sued in all courts and in all actions whatsoever.” By the act of April 26, 1853 (Stats. 1853, p. 117), authority was given to the municipality to create loans upon the faith and credit of the city, at the discretion of the city council. Under the provisions of this act…