Legal Opinion

People ex rel. Bd. of Supervisors of Solano Cty. v. Bd. of Supervisors of Lake Cty.

California Supreme Court

Decided October 15, 1867PublishedCited by 18 opinions

In the Supreme Court of the State of California. The People, by the relation of the Board of Supervisors of Solano County, upon notice thereof first given to the respondent, petitioned this Court to issue its peremptory writ of mandate to the Board of' Supervisors of Lake County to immediately proceed and act upon the matter of the location of a certain road described in the petition, and to declare said road a public highway, and open to travel as such, and that they…

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In the Supreme Court of the State of California. The People, by the relation of the Board of Supervisors of Solano County, upon notice thereof first given to the respondent, petitioned this Court to issue its peremptory writ of mandate to the Board of' Supervisors of Lake County to immediately proceed and act upon the matter of the location of a certain road described in the petition, and to declare said road a public highway, and open to travel as such, and that they maintain the same as such highway, as contemplated and required by the provisions of an Act of the Legislature, approved March…

1Opinion of the Court

By the Court, Rhodes, J.:

The first point the defendants make in support of their demurrer to the petition is, that “ the Act upon which the proceeding is based is fatally defective and void.” The Act was approved March -31st, 1866, and it provides that the Viewers therein appointed shall “ survey, locate and establish ” the road between the points specified in the Act, aild “ report their proceedings in the premises to the Boards of Supervisors of the Counties of Solano and Lake on or before the first Monday in March, one thousand eight hundred-and sixty-six.” Reading the provisions of the…

2Cited by18 opinions

  1. Pulcifer v. County of AlamedaCalifornia Supreme Court · 1946
  2. Board of Supervisors v. McMahonCalifornia Court of Appeal · 1990
  3. Schick v. City of CincinnatiOhio Supreme Court · 1927
  4. Shell Western E & P, Inc. v. County of LakeCalifornia Court of Appeal · 1990
  5. Skelly Estate Co. v. City & County of San FranciscoCalifornia Supreme Court · 1937

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