Wilson v. Board of Supervisors
California Supreme Court
Appeal from the Sixth Judicial District. In this case, the plaintiff applied to the District Court for a certiorari, setting forth in his affidavit, that he is the owner of a bridge across the Cosumnes River, on the road leading from the City of Sacramento to Drytown and Jackson, which said bridge is of the capacity, &c., required by law; that the said bridge is licensed, and that he is charging toll for crossing the same; and further saith, that Harvey Alvard and J. H.…
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Appeal from the Sixth Judicial District. In this case, the plaintiff applied to the District Court for a certiorari, setting forth in his affidavit, that he is the owner of a bridge across the Cosumnes River, on the road leading from the City of Sacramento to Drytown and Jackson, which said bridge is of the capacity, &c., required by law; that the said bridge is licensed, and that he is charging toll for crossing the same; and further saith, that Harvey Alvard and J. H. Pascal have presented an application to the Board of Supervisors of said county for a license to keep a ferry on said river,…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
The writ of certiorari was sued out prematurely.
If it is true, as insisted by the appellant, that the Board of Supervisors had no jurisdiction over the subject, the objection should first have been taken before the board. This course might have saved the necessity of an appeal; without the action of the board, it is impossible to say whether it would have decided to take, or decline jurisdiction, and until it shall do one or the other, there can be no cause of complaint.
The certiorari was properly dismissed, and the judgment is affirmed.
2Cited by5 opinions
- Holabird v. Railroad CommissionCalifornia Supreme Court · 1916
- People ex rel. San Francisco v. County JudgeCalifornia Supreme Court · 1871
- Sayers v. Superior Court of San FranciscoCalifornia Supreme Court · 1890
- Gauld v. Board of Supervisors of San FranciscoCalifornia Supreme Court · 1898
- Territory ex rel. Gray v. District CourtSupreme Court Of The Territory Of Dakota · 1886