Legal Opinion

Hagar v. Board of Supervisors

California Supreme Court

Decided July 1, 1876No. 4984PublishedCited by 2 opinions

Appeal from the District Court, Sixth Judicial District, County of Sacramento. The act of' 1868, under which District 108 was formed, provides (section 32), that petitioners for the formation of a “Reclamation District,” after the approval of their petition, have power ‘ ‘ to ordain and establish such 'By-Laws’ as they shall deem necessary to effect the work of reclamation and keep the same in repair.”

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Appeal from the District Court, Sixth Judicial District, County of Sacramento. The act of' 1868, under which District 108 was formed, provides (section 32), that petitioners for the formation of a “Reclamation District,” after the approval of their petition, have power ‘ ‘ to ordain and establish such 'By-Laws’ as they shall deem necessary to effect the work of reclamation and keep the same in repair.” The statute then provides that the “By-Laws” shall be signed by the petitioners and recorded in the same book, immediately following the petition for the formation of the district. The By-Laws…

1Opinion of the Court

By the Court, Crockett, J.:

On the fourth day of October, 1875, the Board of Supervisors entered an order appointing commissioners to levy an additional assessment on the lands in Swamp Land District No. 108. On certiorari, the District Court set aside this order as null and void, on the ground that the Board of Supervisors had exceeded its jurisdiction in making it, and the appeal is from the judgment of the District Court.

This Swamp Land District was organized in September, 1870, under the act of March 28, 1868 (statutes 1867-8, p. 507); and at the time of its organization, the trustees…

2Cited by2 opinions

  1. Swamp Land District No. 150 v. A.J.California Supreme Court · 1893
  2. Swamp Land District No. 121 v. HagginCalifornia Supreme Court · 1883

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