Johnston v. Board of Supervisors of Glenn County
California Supreme Court
Appeal from a judgment of the Superior Court of Glenn County. The facts are stated in the opinion. Unless the viewers viewed the road in person, and estimated the damages themselves, and made their own report, the report was not such as would give the board of supervisors jurisdiction either to adopt or reject it, and in adopting such a report the board exceeded its jurisdiction.
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Appeal from a judgment of the Superior Court of Glenn County. The facts are stated in the opinion. Unless the viewers viewed the road in person, and estimated the damages themselves, and made their own report, the report was not such as would give the board of supervisors jurisdiction either to adopt or reject it, and in adopting such a report the board exceeded its jurisdiction. (Damrell v. Board of Supervisors, 40 Cal. 154.) Appellant should have been permitted at the hearing in lower court to correct the return, and show what evidence was introduced before the board in this respect as to…
1Opinion of the Court
Vanclief, C.
On the petition of plaintiff the superior court of Glenn county issued a writ of review to the defendant board, commanding it to certify and return to that court all its proceedings in laying out and establishing a public road upon plaintiff’s land.
It is not disputed that the defendant obeyed the writ by returning certified copies of all matters of record, and all matters required to be recorded relating to the laying out and establishing of said road, showing, among other things, that the board duly appointed three persons — Stockwell, Knock, and Armstrong — as viewers of the…
2Cases cited2 opinions
- Buckley v. Superior CourtCalifornia Supreme Court · 1892
- Farmers' & Merchants' Bank of Los Angeles v. Board of Equalization of Los AngelesCalifornia Supreme Court · 1893
3Cited by6 opinions
- Baker v. LenhartNorth Dakota Supreme Court · 1922
- Bryant v. Board of SupervisorsCalifornia Court of Appeal · 1917
- Glenn County v. JohnstonCalifornia Supreme Court · 1900
- County of Sacramento v. GlannCalifornia Court of Appeal · 1910
- Landtbom v. Board of Fire CommissionersCalifornia Court of Appeal · 1929
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