People ex rel. Van Loben Sels v. Reclamation District No. 551
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County and from an order denying a new trial. A. P. Gatlin, Judge.
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Appeal from a judgment of the Superior Court of Sacramento County and from an order denying a new trial. A. P. Gatlin, Judge. The judgment of the Superior Court adjudged that the defendant Reclamation District No. 551 is a public corporation, legally organized and existing under the laws of the state of California, and legally entitled to exercise corporate functions and powers under the laws of the state relating to the reclamation of swamp and overflowed lands, and all the powers and franchises properly belonging to such corporation. A motion for a new trial of the action, made on behalf of…
1Opinion of the CourtTemple, J.
This is an action of quo warranto, in which the only defendant is the corporation whose right to be a corporation is called in question. Whether such an action can be maintained is questionable (People v. Stanford, 77 Cal. 360), but as no objection is made for lack of the proper parties, and the question is of public interest, we will not raise the question ourselves.
The defendant claims to be a reclamation district organized under the provisions of the Political Code. It does not claim to have been organized under section 3481 of that code, but by presenting to the board of supervisors the…
2Cases cited4 opinions
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Dean v. DavisCalifornia Supreme Court · 1876
- Brandenstein v. HokeCalifornia Supreme Court · 1894
- People ex rel. Attorney-General v. StanfordCalifornia Supreme Court · 1888
3Cited by44 opinions
- Hopping v. Council of City of RichmondCalifornia Supreme Court · 1915
- State Bar of California v. Superior CourtCalifornia Supreme Court · 1929
- People Ex Rel. Chapman v. Sacramento Drainage Dist.California Supreme Court · 1909
- Orosi Public Utility District v. McCuaigCalifornia Supreme Court · 1925
- Turlock Irrigation Dist. v. WhiteCalifornia Supreme Court · 1921
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