Legal Opinion

People v. Reclamation Dist. No. One Hundred & Eight

California Supreme Court

Decided July 1, 1879No. 6012PublishedCited by 13 opinions

Appeal from the District Court of the Sixth Judicial District, County of Sacramento. Eeclamation District Number One Hundred and Eight was formed by the Board of Supervisors of Yolo County on the 28th of September, 1870. On the same day it elected trustees and adopted a code of “ by-laws,” the seventh section of which declared that “the trustees shall allow no indebtedness to accrue in excess of the assessment levied.”

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Appeal from the District Court of the Sixth Judicial District, County of Sacramento. Eeclamation District Number One Hundred and Eight was formed by the Board of Supervisors of Yolo County on the 28th of September, 1870. On the same day it elected trustees and adopted a code of “ by-laws,” the seventh section of which declared that “the trustees shall allow no indebtedness to accrue in excess of the assessment levied.” The complaint charged that this District was so formed as to include Eeclamation Districts Ninety, Ninety-one, Ninety-two, and Ninety-four in Colusa County. A plan for the…

1Opinion of the Court

By the Court, Rhodes, J. :

The principal purpose of this action is to procure a judgment • to the effect that the Declamation District was not. legally created, and has not now any legal existence. It was held in Dean v. Davis, 51 Cal. 409, that a reclamation district was a public corporation. The reasons there stated, and the authorities cited, fully sustain the proposition. Such corporations are sometimes denominated quasi corporations, for the reason that they have not all the powers which belong to corporations by ' the common law, or all those which are usually possessed by ^ municipal…

2Cases cited5 opinions

  1. People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
  2. Dean v. DavisCalifornia Supreme Court · 1876
  3. Jameson v. PeopleIllinois Supreme Court · 1855
  4. Inhabitants of Fourth School-District v. WoodMassachusetts Supreme Judicial Court · 1816
  5. People ex rel. Gridley v. FarnhamIllinois Supreme Court · 1864

3Cited by13 opinions

  1. Lamb v. Reclamation District No. 108California Supreme Court · 1887
  2. Morrison v. MoreySupreme Court of Missouri · 1898
  3. Gilde v. Superior CourtCalifornia Supreme Court · 1905
  4. In Re ScottNevada Supreme Court · 1930
  5. Forbes Pioneer Boat Line v. Board of CommissionersSupreme Court of Florida · 1919

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