People v. Hagar
California Supreme Court
Appeal from the District Court, Tenth Judicial District, County of Colusa. Action to collect an assessment levied on several tracts of land in Swamp Land District One Hundred and Eight, by having the same declared a lien on the land, and by a sale of the land therefor. The different parcels of land, which were separately assessed, were made defendants along with defendant Hagar.
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Appeal from the District Court, Tenth Judicial District, County of Colusa. Action to collect an assessment levied on several tracts of land in Swamp Land District One Hundred and Eight, by having the same declared a lien on the land, and by a sale of the land therefor. The different parcels of land, which were separately assessed, were made defendants along with defendant Hagar. They were described by township, range, and section, or subdivision of a section, according to the official surveys of the United States. The assessments amounted to nine thousand nine hundred and ninety dollars and…
1Opinion of the Court
The demurrer should have been sustained for an improper "union of several causes of action. (Dyer v. Barstow, 50 Cal. 652.)
The denials in the answer should not have been stricken out. ( Tynan v. Walker, 35 Cal. 634.) An estoppel is waived where the facts constituting the estoppel are laid open by averment, ( Mcgerle v. Ashe, 33 Cal. 84; Phila. Wil. Co. v. Howard, 13 How. 518.)
There was no finding of fact that the Commissioners jointly *177viewed and assessed the land. (People v. Coghill, 47 Gal. 361; Fratt v. Toomis, 48 Cal. 35.)
The Sacramento Valley Reclamation Company did not have a corporate…
2Cases cited39 opinions
- State of Penn. v. THE WHEELING &C. BRIDGE CO.Supreme Court of the United States · 1852
- Starbuck v. MurrayNew York Supreme Court · 1830
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Head & Amory v. Providence Ins. Co.Supreme Court of the United States · 1804
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
34 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Vallejo & Northern R.R. v. Reed Orchard Co.California Supreme Court · 1915
- Goldwater v. OltmanCalifornia Supreme Court · 1930
- Board of Directors of Modesto Irrigation District v. TregeaCalifornia Supreme Court · 1891
- Morrison v. MoreySupreme Court of Missouri · 1898
- Alhambra Addition Water Co. v. RichardsonCalifornia Supreme Court · 1887
24 more not listed; retrieve them via the Exa API.