Le Conte v. Trustees & Marshall
California Supreme Court Jul 1, 1881 No. No. 6,830Published
Synopsis
Prohibition.—The writ of prohibition does not run to a ministerial officer; the collection of a tax by a town marshal is a ministerial act.
The Court : A writ of prohibition does not run to a ministerial officer. The acts sought to be prohibited were not judicial acts; therefore the writ of prohibition, which was issued in this case on the 26th day of August, 1879, was improperly issued.
Judgment reversed, and cause remanded.
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