People v. Coghill
California Supreme Court
Appeal from the District Court of the Tenth Judicial District, County of Colusa. The action was brought under the provisions of the Act of March 28th, 1868, “to provide for the management and sale of the lands belonging to the State,” to recover an assessment on certain swamp and overflowed lands belonging to the defendants, and situated in [Reclamation District No. 124. The case was tried by the Court without a jury, and the facts stated in the opinion were found by the…
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Appeal from the District Court of the Tenth Judicial District, County of Colusa. The action was brought under the provisions of the Act of March 28th, 1868, “to provide for the management and sale of the lands belonging to the State,” to recover an assessment on certain swamp and overflowed lands belonging to the defendants, and situated in [Reclamation District No. 124. The case was tried by the Court without a jury, and the facts stated in the opinion were found by the Court. Judgment was rendered for the defendants, and the plaintiffs appealed.
1Opinion of the Court
By the Court, Niles, J.:
It appears from the findings that of the three Commissioners, Balsden, Eddy and Hicock, appointed by the *363Board of Supervisors, only two—Eddy and Hicock—went upon or viewed the land for the purpose of assessing the same.
It appears, further, that at the time and place appointed by the Commissioners for a meeting to levy the assessment, only Commissioners Eddy and Balsden were present, Hi-cock being sick and unable to attend. The entire business of the assessment was transacted by the two members present, Hicock doing no more than to write to the others that he would…
2Cases cited2 opinions
- Crocker v. CraneNew York Supreme Court · 1839
- Ex parte RogersNew York Supreme Court · 1827
3Cited by20 opinions
- People ex rel. Crawford v. LothropSupreme Court of Colorado · 1877
- Martin v. StateNebraska Supreme Court · 1888
- In re State Treasurer's SettlementNebraska Supreme Court · 1897
- People ex rel. Hoffman v. HechtCalifornia Supreme Court · 1895
- Thompson v. WestNebraska Supreme Court · 1900
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