San Diego School District v. Board of Supervisors of San Diego County

Motion to dismiss the appeal.

The board of education of the city of San Diego presented an estimate to the board of supervisors of the county of San Diego of the amount of money needed to be raised by taxation for school purposes of the school district of the city of San Diego, and requested said *439 board of supervisors to levy a tax upon all the taxable property in the city sufficient to raise the amount of said estimate. Thereafter the board of supervisors notified the board of education, in writing, that it would not levy such tax, whereupon the plaintiff herein brought this action to compel its levy. Upon the hearing, the court rendered its judgment September 26, 1892, directing the supervisors that at the time of levying the county tax of the county, they levy a ta.x upon all the taxable property in said San Diego school district sufficient to raise the amount required by said school district for school purposes during the year next ensuing after the first Monday in January, 1893. Upon the service of this judgment upon the boaid of supervisors, they, on the same day, complied therewith, and levied the tax, as directed by the mandate of the court. On the 6th of October,…