Lane v. Pferdner

McKinstry, J.:

The jurisdiction of the District Court, under the late Constitution, to try and determine a contest arising in the surveyor-*123general’s office, was special, and depended upon the fact that the Surveyor-General had made an order “ referring the contest.” It was necessary, therefore, when an action was brought to try the rights of the contestants to purchase the lands, for the plaintiff to allege and prove (by the production of the certified copy of the entry) that the surveyor-general made the order of reference. (Pol. Code, §§ 3414, 3415 ; Berry v. Cammet, 44 Cal. 347.) The…