Legal Opinion

Swamp Land District No. 307 v. Gwynn

California Supreme Court

Decided August 31, 1886No. 11596PublishedCited by 3 opinions

Appeal from a judgment of the Superior Court of Yolo County, and from an order refusing a new trial. The action was brought to enforce an assessment for the reclamation of swamp land. Prior to and at the trial the defendants tendered a warrant of the district in payment of the assessment.

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Appeal from a judgment of the Superior Court of Yolo County, and from an order refusing a new trial. The action was brought to enforce an assessment for the reclamation of swamp land. Prior to and at the trial the defendants tendered a warrant of the district in payment of the assessment. The tender purported to be made in conformity with section 3465 of the Political Code, which provides that the assessments may be paid “in warrants of the district, drawn by order of the trustees thereof, and approved by the* board of supervisors. Where payment is made in the warrants of the district, legal…

1Opinion of the Court

Belcher, C. C.

This is an action to enforce payment of an assessment made for reclamation of swamp lands.

The plaintiff recovered judgment, from which, and an order denying a new trial, the defendants appeal.

1. Under the provisions of the code, when an assessment for swamp-land purposes is to be made, three commissioners must be appointed, who are disinterested persons and residents of the county, “ and who must view and assess upon the lands situated within the district a charge proportionate to the whole expense, and to the benefits which will result from such works.” (Pol. Code, sec. 3456.)

Un…

2Cases cited3 opinions

  1. People v. CoghillCalifornia Supreme Court · 1874
  2. People v. HagarCalifornia Supreme Court · 1874
  3. People v. AhernCalifornia Supreme Court · 1877

3Cited by3 opinions

  1. Le Strange v. City of BerkeleyCalifornia Court of Appeal · 1962
  2. Lower Kings River Reclamation District, No. 531 v. PhillipsCalifornia Supreme Court · 1895
  3. Westerman v. ClelandCalifornia Court of Appeal · 1909

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