Gauld v. Board of Supervisors of San Francisco
Gauld v. Board of Supervisors of San Francisco
Opinion of the Court
The present litigation was inaugurated upon application for a writ of review to annul the proceedings of the board of supervisors of the city and county of San Francisco, looking toward the future granting of a franchise for the conduct of the telephone business. A demurrer was sustained to the petition of Gauld, and the ease is now before the court upon the sufficiency of the facts set forth in that petition to justify the issuance of the writ. The sufficiency of the petition is attacked from many points, and we need notice hut a single one. At the time this proceeding was inaugurated no franchise had been granted by the hoard of supervisors. The matter was m
For the foregoing reasons the judgment is affirmed,
Harrison, J., and Van Fleet, J., concurred.
Reference
- Full Case Name
- GEORGE C. GAULD v. BOARD OF SUPERVISORS OF THE CITY AND COUNTY OF SAN FRANCISCO
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Certiorari—Proceedings op Supervisors—Proposed Grant op Franchise.—Certiorari is not the proper remedy to review the proceedings- of a hoard of supervisors in the matter of a proposed grant of a telephone franchise, while the proceedings are in fieri, and no final action of the board had been had when the application for the writ was made. Id.—Office op Writ—Restraining Order.—The office of the writ of review is in no sense that of a restraining order, but only to annul; and until the proceedings have culminated in a final order there is nothing to annul.