Damrell v. Board of Supervisors
California Supreme Court
Appeal from tbe District Court of tbe Fifth District, San Joaquin County. Tbis is a proceeding based upon a petition addressed to tbe Judge of tbe District Court, praying tbat a writ of cer-tiorari issue, directing tbe Board of Supervisors of San Joaquin County to certify up to said Court tbe papers and proceedings pertaining to tbe establishment of a certain highway in said county.
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Appeal from tbe District Court of tbe Fifth District, San Joaquin County. Tbis is a proceeding based upon a petition addressed to tbe Judge of tbe District Court, praying tbat a writ of cer-tiorari issue, directing tbe Board of Supervisors of San Joaquin County to certify up to said Court tbe papers and proceedings pertaining to tbe establishment of a certain highway in said county. Tbe petitioner, who is tbe owner of a portion of tbe land through which a proposed road passes, alleges in bis petition tbat it nowhere appears in tbe petition to tbe Board of Supervisors to establish said road…
1Opinion of the CourtRhodes, C. J.
The motion to dismiss the appeal, on the ground that the notice of appeal was not given by the President of the *158Board of Supervisors, or the District Attorney, must be denied, as the notice was given by the attorneys of record.
The defendants moved to dismiss the writ, and the first ground now urged, is that it does not appear that the plaintiff is “beneficially interested” in the subject matter of the proceeding. The objection that this point cannot be considered now, because not presented in the Court below, may be waived, as we are of the opinion that the point is not well taken. The…
2Cited by11 opinions
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- Humboldt Cty. v. DinsmoreCalifornia Supreme Court · 1888
- Smith v. LawrenceSouth Dakota Supreme Court · 1891
- County of Siskiyou v. GamlichCalifornia Supreme Court · 1895
- Levee Dist. No. 9 v. FarmerCalifornia Supreme Court · 1894
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