Swamp Land District No. 121 v. Haggin
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Kern. Action by a swamp land district to enforce against lands of the defendant the lien of an assessment levied by the plaintiff for purposes of reclamation. It appeared from the complaint that the swamp land district was organized under the Act of March 28, 1868, and that all its proceedings in relation to the levy of the assessment were had pursuant to the provisions of the Political Code.
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Appeal from a judgment of the Superior Court of the county of Kern. Action by a swamp land district to enforce against lands of the defendant the lien of an assessment levied by the plaintiff for purposes of reclamation. It appeared from the complaint that the swamp land district was organized under the Act of March 28, 1868, and that all its proceedings in relation to the levy of the assessment were had pursuant to the provisions of the Political Code. A general demurrer was interposed to the complaint and sustained by the court. The plaintiff having failed to amend, defendant had judgment.
1Opinion of the CourtMcKinstry, J.
The action is brought to enforce liens for assessments upon tracts of land belonging to defendant within a swamp land district.
A demurrer to the complaint was sustained in the court below, and plaintiff having declined to amend, final judgment was entered in favor of defendant, from which judgment plaintiff has appealed.
It is contended by respondent that it appears in the complaint the district was created and organized under the Act of March 28, 1868, while the further averments show that the assessments were attempted to be made under the provisions of the Political Code.
Inasmuch as it is…
2Cases cited4 opinions
- People v. HagginCalifornia Supreme Court · 1881
- Reclamation District No. 3 v. KennedyCalifornia Supreme Court · 1881
- Reclamation District No. 3 v. GoldmanCalifornia Supreme Court · 1882
- Hagar v. Board of SupervisorsCalifornia Supreme Court · 1876
3Cited by1 opinion
- San Francisco Savings Union v. Reclamation District No.124California Supreme Court · 1904