People v. Hagar
California Supreme Court
Appeal from the District Court, Sixth Judicial District, Yolo County. The Act of March 28, 1868, entitled an Act to provide for the management and sale of lands belonging to the State, provides that whenever an unreclaimed body of swamp and overflowed land is susceptible of one mode of reclamation, that upon a petition, signed by a majority of acres, the Board of Supervisors may form the same into a district, and that such majority may then adopt by-laws and elect a Board of…
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Appeal from the District Court, Sixth Judicial District, Yolo County. The Act of March 28, 1868, entitled an Act to provide for the management and sale of lands belonging to the State, provides that whenever an unreclaimed body of swamp and overflowed land is susceptible of one mode of reclamation, that upon a petition, signed by a majority of acres, the Board of Supervisors may form the same into a district, and that such majority may then adopt by-laws and elect a Board of Trustees to manage the reclamation, which Board shall employ engineers to survey and make a plan of the reclamation,…
1Opinion of the Court
By the Court, Crockett, J.:
The Court finds that the Commissioners “did not jointly view and assess the land upon which the tax in suit was assessed; but made their return upon their assessment roll, that they had jointly viewed and assessed it.” In People v. Coghill (47 Cal. 361), we held that a failure by the Commissioners to jointly view and assess the land was fatal to the assessment, and we adhere to that opinion.
It is contended that the return by the Commissioners on the assessment roll, that they had jointly viewed and assessed the land, is conclusive on that point, in a collateral…
2Cases cited1 opinion
- People v. CoghillCalifornia Supreme Court · 1874
3Cited by4 opinions
- Lower Kings River Reclamation District, No. 531 v. PhillipsCalifornia Supreme Court · 1895
- Cooper v. MillerCalifornia Supreme Court · 1896
- Swamp Land District No. 307 v. GwynnCalifornia Supreme Court · 1886
- People v. AhernCalifornia Supreme Court · 1877