Majority
p. 786[Civ. No. 4317. First Appellate District, Division Two. July 11, 1922.] FREDERICK A. WILSON et al., Petitioners, v. JAMES ROLPH, Jr., et al., Respondents.
Headnote
[1] Municipal Corporations—Recovery of Taxes Paid Under Protest —Payment op Judgment—Levy of Tax—Constitutional Law.— Peremptory writ of mandate issued on the authority of Oscar Eeyman Brother (a Corporation) v. Edwin C. Bath et al., ante, p. 499.PROCEEDING in Mandamus to require the levy and collection of a tax sufficient to pay a judgment against a municipality. Writ granted.
The facts are the same as those stated in the opinion in Oscar Reyman <6 Brother (a Corporation) v. Edwin C. Bath et al., ante, p. 499.
Keyes & E'rskine for Petitioners.
George Lull, City Attorney, and Maurice T. Dooling, 'Jr., Assistant City Attorney, for Respondents.
[1] Let a peremptory writ issue as prayed on the authority of Oscar Heyman & Brother (a Corporation) v. Edwin C. Bath et al., ante, p. 499 [ 208 Pac. 981 ].
A petition to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on September 7, 1922,
All the Justices present concurred.
Richards, J., pro tem., and Myers, J., pro tern., were acting.