Frasher

The defendants, constituting the hoard of fire commissioners of the city of Los Ángeles, granted Dennison and Tucker permission to build a blacksmith shop upon a certain piece of land within the city. Under the municipal ordinance a structure for such purpose could not be built “without a permit from the fire commissioners so to do, which permit shall be granted only upon the petition of three-fourths of the property owners in the block in which said building is proposed to be erected.” Permission was granted upon October 23, 1895. Upon October 20, 1896, this petition for a writ of review was filed. It averred that the requisite number of property owners had not petitioned on behalf of Dennison and Tucker, and that the board of fire commissioners granted the permit well knowing such to be the fact. Upon these averments it was sought to review and annul the order of, the board.

The writ of certiorari runs to review the action of an inferior tribunal, exercising judicial functions, only upon a showing that such tribunal has exceeded its jurisdiction, and that the legal remedies applicable to the case are inadequate to afford protection or relief. It cannot be used to review the…