Legal Opinion

Ashe v. Board of Supervisors

California Supreme Court

Decided October 29, 1886No. 11481PublishedCited by 12 opinions

The proceeding was brought for a writ of review to annul an order of the board of supervisors of Colusa County granting to certain persons the right to use a public highway for the purposes of a steam railroad.

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The proceeding was brought for a writ of review to annul an order of the board of supervisors of Colusa County granting to certain persons the right to use a public highway for the purposes of a steam railroad. The petition for the writ alleged in effect that the petitioner was a citizen and tax-payer residing in the county on the line of the highway, and that he, in common with the citizens generally who live along the highway, would be damaged by reason of the maintenance of the railroad. The court issued the writ, whereupon the respondent made a motion to quash it, on the ground that the…

1Opinion of the Court

The Court.—The

motion to quash the writ of review heretofore issued in this proceeding must be granted. It does not appear that the application for the writ was made on the affidavit of the party beneficially interested. The Code requires that “the application must be made on affidavit by the person beneficially interested. (Code Civ. Proc., sec. 1069.)

It does not appear by the petition in this case that the petitioner has any other or greater right in the public highway mentioned therein than any other citizen *238of the state. The requirement that the application must be made by “the party…

2Cited by12 opinions

  1. State Ex Rel. Burg v. City of AlbuquerqueNew Mexico Supreme Court · 1926
  2. State ex rel. Johnson v. ClarkNorth Dakota Supreme Court · 1911
  3. Fritts v. CharlesCalifornia Supreme Court · 1904
  4. Intfen v. HutsonSupreme Court of Kansas · 1937
  5. Marlow v. Superior CourtCalifornia Supreme Court · 1941

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