Merriam v. Board of Supervisors
California Supreme Court
Appeal from a judgment of the Superior Court of Yuba County. The action was brought by a tax-payer of Yuba County to enjoin the board of supervisors from examining, auditing, or ordering paid certain alleged improper and illegal claims arising out of services rendered in the United States courts, in certain actions therein pending, for the purpose of restraining persons from mining by the hydraulic process, and sending their tailings down the Yuba and other rivers.
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Appeal from a judgment of the Superior Court of Yuba County. The action was brought by a tax-payer of Yuba County to enjoin the board of supervisors from examining, auditing, or ordering paid certain alleged improper and illegal claims arising out of services rendered in the United States courts, in certain actions therein pending, for the purpose of restraining persons from mining by the hydraulic process, and sending their tailings down the Yuba and other rivers. The complaint, after alleging that the plaintiff is a resident and tax-payer of Yuba County, proceeds to aver that the board of…
1Opinion of the CourtTemple, J.
It is not necessary to consider the alleged error in allowing the amendment to the demurrer, as the only questions which we find it necessary to consider arise upon the general demurrer, which are the same in each demurrer filed.
The case appears to be clearly within the rule laid down in Linden v. Case, 46 Cal. 171. In other states, it is true, such suits have been maintained, although the rulings do not seem to be uniform upon the subject.
It is hardly claimed here that there is an excess of *519jurisdiction. It may be that facts exist which would justify the board in allowing the claims. We must…
2Cases cited1 opinion
- Linden v. CaseCalifornia Supreme Court · 1873
3Cited by17 opinions
- Mock v. City of Santa RosaCalifornia Supreme Court · 1899
- People v. BattinCalifornia Court of Appeal · 1978
- Stevens v. St. Mary's Training SchoolIllinois Supreme Court · 1893
- Bowles v. Neely, MayorSupreme Court of Oklahoma · 1911
- Bradford v. City & County of San FranciscoCalifornia Supreme Court · 1896
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