Legal Opinion

Bixler's Appeal

California Supreme Court

Decided November 15, 1881No. 7,746PublishedCited by 14 opinions

Appeal from an order dismissing an appeal from an order of the Board of Supervisors in a reclamation, proceeding, and from the judgment entered upon said order of dismissal in the Superior Court of Sacramento County. Brown, J. The appellant "appealed to the Superior Court from an order of the Board of Supervisors of Sacramento County approving a petition of Eliza Parvin and others for the formation of a reclamation district.

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Appeal from an order dismissing an appeal from an order of the Board of Supervisors in a reclamation, proceeding, and from the judgment entered upon said order of dismissal in the Superior Court of Sacramento County. Brown, J. The appellant "appealed to the Superior Court from an order of the Board of Supervisors of Sacramento County approving a petition of Eliza Parvin and others for the formation of a reclamation district. The Court below dismissed the appeal upon the ground that the Act providing for such appeals was intended to give appellate and not original jurisdiction to the Superior…

1Opinion of the Court

The Court:

1. In view of the conclusion we have reached, it may be admitted (while we expressly decline so to decide) that the act, entitled “An Act providing for appeals from orders forming reclamation or swamp land districts, setting off lands from such districts, or consolidating districts,” is not an act providing for appeals to the Superior Court, but is an act providing for original proceedings, in that Court, for the formation of reclamation or swamp land' districts, setting off lands from such districts and consolidating districts: Further, construing the object of the act to be to…

2Cases cited3 opinions

  1. Appeal of S. O. HoughtonCalifornia Supreme Court · 1871
  2. Parsons v. Tuolumne Co. Water Co.California Supreme Court · 1855
  3. De Witt v. DuncanCalifornia Supreme Court · 1873

3Cited by14 opinions

  1. In Re HermanCalifornia Supreme Court · 1920
  2. In re CurtisCalifornia Supreme Court · 1895
  3. Lambert v. BatesCalifornia Supreme Court · 1902
  4. Mojave River Irrigation District v. Superior Court of San Bernardino CountyCalifornia Supreme Court · 1927
  5. United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924

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