Kimball v. Board of Supervisors of Alameda County
California Supreme Court
Appeal from the District Court of the Third Judicial District, Alameda County. The proposed road passed over the lands of several private proprietors.
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Appeal from the District Court of the Third Judicial District, Alameda County. The proposed road passed over the lands of several private proprietors. The fifteenth section of the Act concerning roads and highways in Alameda County, passed March 24th, 1862, was as follows: “Upon payment or tender of the damages assessed by said Board, and assented to by said claimant or claimants, or awarded in said County Court and confirmed upon appeal therefrom, if any appeal is taken, such land so taken for such road shall be deemed vested in said county for all the purposes of said road; and the road may…
1Opinion of the Court
By the Court, Crockett, J.:
This is an action to enjoin the Board of Supervisors from opening a road in Alameda County; and there are annexed to the complaint copies of all the proceedings had before the Board. A demurrer to the complaint was sustained, and a final judgment entered for the defendants, from which the plaintiff appeals.
*23The first point made by the appellant is, that one of the parties over whose land the proposed road was to pass was not served with a notice of the intended application, as required by the statute, and it is contended that the Board acquired no jurisdiction of the…
2Cases cited3 opinions
- People v. SupervisorsCalifornia Supreme Court · 1857
- Waugh v. ChaunceyCalifornia Supreme Court · 1859
- Lincoln v. Colusa CountyCalifornia Supreme Court · 1865
3Cited by10 opinions
- Wulzen v. Bd. of Supervisors of City & Cty of San FranciscoCalifornia Supreme Court · 1894
- Harrington v. Superior CourtCalifornia Supreme Court · 1924
- Monterey County v. CushingCalifornia Supreme Court · 1890
- Towns v. Klamath CountyOregon Supreme Court · 1898
- County of San Luis Obispo v. SimasCalifornia Court of Appeal · 1905
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