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Le Conte v. Trustees & Marshal of Berkeley

Supreme Court of California
Jan 1, 1881

         OPINION

         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.