Leach v. Day
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The complaint averred that the plaintiff was the owner of land lying between the land of defendant and the Upper Sacramento Road, and had applied to the Board of Supervisors to lay out a private road from defendant’s land to said road, and that such proceedings were had in the Board that a private road was pretended to be laid out forty feet wide and forty rods, more or less, in length, and that…
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The complaint averred that the plaintiff was the owner of land lying between the land of defendant and the Upper Sacramento Road, and had applied to the Board of Supervisors to lay out a private road from defendant’s land to said road, and that such proceedings were had in the Board that a private road was pretended to be laid out forty feet wide and forty rods, more or less, in length, and that plaintiff believed the acts of defendant were committed in order to open the road. The defendant demurred to the complaint,…
1Opinion of the Court
By the Court, Sanderson, C. J.
We deem it unnecessary to determine whether the road laws of this State are unconstitutional so far as they authorize the laying out and establishing of private roads. It is not necessary to determine that question in order to finally dispose of this action. All that the plantiff claims on that score may be conceded without its following therefrom that he is entitled to the relief which he seeks. Admitting that the Act of the Legislature empowering the Board of Supervisors to lay out and open private roads is unconstitutional, and that therefore their acts in…
2Cases cited1 opinion
- McCann v. Sierra CountyCalifornia Supreme Court · 1857
3Cited by6 opinions
- More v. MassiniCalifornia Supreme Court · 1867
- Richards v. DowerCalifornia Supreme Court · 1883
- Richards v. KirkpatrickCalifornia Supreme Court · 1879
- Waskey v. McNaughtCourt of Appeals for the Ninth Circuit · 1908
- Dailey v. Nassau County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
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