Morris v. South San Joaquin Irrigation District

THE COURT.

This proceeding in

mandamus

was brought to compel the respondent and its officers to make

[702]

available certain moneys in the custody of the treasurer of the district for the payment of past due interest and principal coupons of bonds of the district owned by the petitioner. As a return to the alternative writ the respondents filed a verified answer setting forth the fact that there was then pending in the United States District Court a proceeding for the confirmation of a plan of adjustment of the outstanding bonded indebtedness of the district, pursuant to the provisions of section 80 of the National Bankruptcy Act. Upon the showing then made it was ordered that the present proceedings be suspended until the matter in the federal court was terminated.

(Morris

v.

South San Joaquin Irr. Dist.,

2 Cal. (2d) 492 [41 Pac. (2d) 537].) Thereafter, on May 25, 1936, the Supreme Court of the United States declared section 80 of the National Bankruptcy Act unconstitutional.

(Ashton

v.

Cameron County Water Imp. Dist.,

298 U. S. 513 [56 Sup. Ct. 892, 80 L. Ed. 1309].) On November 9, 1936, the United States District Court made an order dismissing for want of jurisdiction the irrigation district proceeding pending before it. The district appealed to the Circuit Court of Appeals for the Ninth Circuit. The order of dismissal was affirmed by that court on April 5, 1937.

(South San Joaquin Irr. Dist.

v.

Gillett,

89 Fed. (2d) 1018.)

On December 30, 1936, the petitioner herein filed an amendment to her petition for the writ of