Central Pacific Railroad v. Board of Equalization of Placer County
Central Pacific Railroad v. Board of Equalization of Placer County
Opinion of the Court
It has been settled by a long series of decisions in this State that a writ of certiorari brings up for review only the question whether the inferior officer, Court, or tribunal, has exceeded its jurisdiction, and cannot be used as a mere writ of error for the correction of mistakes, either in law or fact, committed by the inferior tribunal within the limits of its jurisdiction. (Whitney v. Board of Delegates, 14 Cal. 499; People v. Dwinelle, 29 Cal. 632; People v. Burney, 29 Cal. 459; Winter v. Fitzpatrick, 35 Cal. 269; Morley v. Elkus, 37 Cal. 454; Will v. Sinkwitz, 39 Cal. 570; People v. Elkus, 40 Cal. 642; Barber v. San Francisco, 42 Cal. 630; Central P. R. R. Co. v. Board of Equalization of Placer County, 43 Cal. 365.) But it is contended that section three thousand six hundred and fifty of the Political Code has wrought 'a change in the rule, when it is sought to review the action of a Board of Equalization in increasing or diminishing the amount of an assessment. That section provides that where the Board increases or diminishes the valuation, the Clerk must take down the evidence, “ and upon the demand of the applicant Ithe Board must declare the legal principles it has been governed by in ascertaining
But it is said that after having refused to reduce the valuation, on the application of the railroad company, the Board had exhausted its power over the subject, and had no jurisdiction to entertain the application of Campbell to raise the valuation. Section three thousand six hundred and seventy-three of the Political Code provides that “the Board has power to determine all complaints in regard to the assessed value of property, and may, except as prohibited in this title, correct any valuation by adding or deducting such sum as may be necessary to make it conform to the actual cash value.” The fact that the Board refused to reduce the valuation, on the application of the railroad company, is in no sense an adjudication that it ought not to be raised. If it be admitted that on that application the Board had the
Writ dismissed.
Reference
- Full Case Name
- THE CENTRAL PACIFIC RAILROAD COMPANY v. THE BOARD OF EQUALIZATION OF PLACER COUNTY
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Object of Wrft of Certiorari. — A writ of certiorari brings up for review only the question whether the inferior officer, Court, or tribunal has acted iu excess of jurisdiction, and cannot be used as a writ of error for the correction of mistakes, either in law or-fact, committed within the jurisdiction. Idem. — Section thirty-six hundred and eighty of the Political Code, requiring the Board of Equalization, on an application to equalize an assessment, to have the evidence taken down and to declare the legal principles it has been governed by, does not change this rule. Power of Board of Equalization. — A refusal of a Board of Equalization to reduce the assessed value of property, made on a complaint by the party assessed, does not preclude the Board from afterwards raising the assessed value of the same property, upon complaint made that it has been assessed too low. Idem.—The action of a Board of Equalization, on an application to change the assessed valuation of property, is not res judicata. , Idem.—The Court is not prepared to say that a Board of Equalization is limited to one application, either to reduce or raise the assessed value of property.