Legal Opinion

Potter v. County of Santa Barbara

California Supreme Court

Decided July 8, 1911No. L.A. No. 2709PublishedCited by 16 opinions

APPEAL from a judgment of the Superior Court of Santa Barbara County. S. E. Crow, Judge. The act of March 19, 1907, (Stats. 1907, p. 635), under which the Permanent Road Division of Goleta was organized, is entitled as follows: “An act to repeal article nine of chapter two of title six of part three of the Political Code, and every section thereof, and to add to said code a new article to said chapter, to be numbered article nine, embracing sections twenty-seven hundred and…

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APPEAL from a judgment of the Superior Court of Santa Barbara County. S. E. Crow, Judge. The act of March 19, 1907, (Stats. 1907, p. 635), under which the Permanent Road Division of Goleta was organized, is entitled as follows: “An act to repeal article nine of chapter two of title six of part three of the Political Code, and every section thereof, and to add to said code a new article to said chapter, to be numbered article nine, embracing sections twenty-seven hundred and forty-five to twenty-seven hundred and seventy-two, both inclusive, relating to permanent road divisions.” The further…

1Opinion of the CourtHenshaw, J.

In form this is an action to restrain the county treasurer from cashing a certified check and paying the money into the county treasury, which check was deposited with plaintiff’s bid for the purchase of bonds of the “Permanent Road Division of Goleta.” In substance the action is one to determine the validity of the organization of this permanent road division, and the validity of its bond issue for road improvements. The specific law touching the creation and operation of such road divisions is found in title VI, part III, article IX, of the Political Code, sections 2745 to 2773, inclusive.

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2Cases cited13 opinions

  1. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  2. In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
  3. United States v. New OrleansSupreme Court of the United States · 1879
  4. People Ex Rel. Chapman v. Sacramento Drainage Dist.California Supreme Court · 1909
  5. Dean v. DavisCalifornia Supreme Court · 1876

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3Cited by16 opinions

  1. Ray v. ParkerCalifornia Supreme Court · 1940
  2. Tarpey v. McClureCalifornia Supreme Court · 1923
  3. Imperial Water Co. v. Board of SupervisorsCalifornia Supreme Court · 1912
  4. Greene v. Marin County Flood Control & Water Conservation DistrictCalifornia Supreme Court · 2010
  5. Southern California Rapid Transit District v. BolenCalifornia Supreme Court · 1992

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